FILED
NOT FOR PUBLICATION FEB 24 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SALVADOR AGUILAR VENCES and No. 12-73926
MARIA ESTHER AGUILAR LARA,
Agency Nos. A079-537-361
Petitioners, A070-950-121
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Salvador Aguilar Vences and Maria Esther Aguilar Lara, natives and
citizens of Mexico, petition for review of the Board of Immigration Appeals’
(“BIA”) order denying their motion to reopen alleging ineffective assistance of
counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894
(9th Cir. 2003). We deny the petition for review.
The BIA did not abuse its discretion by denying petitioners’ motion to
reopen where they failed to establish prejudice from the alleged ineffective
assistance. See id. at 901-03; Ortiz v. INS, 179 F.3d 1148, 1153-54 (9th Cir. 1999)
(no prejudice where petitioners failed to describe the evidence that counsel
incompetently failed to introduce).
PETITION FOR REVIEW DENIED.
2 12-73926