FILED
NOT FOR PUBLICATION APR 11 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE GUADALUPE MENDOZA- No. 11-73747
MARIN,
Agency No. A077-056-703
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Jose Guadalupe Mendoza-Marin, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to reopen based on ineffective assistance of counsel. We have jurisdiction
*
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).
under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
reopen, and review de novo questions of law. Mohammed v. Gonzales, 400 F.3d
785, 791-92 (9th Cir. 2005). We deny the petition for review.
The BIA did not abuse its discretion in denying Mendoza-Marin’s motion to
reopen where he failed to establish prejudice arising from any alleged ineffective
assistance by his former attorneys. See id. at 793-94 (“[P]rejudice results when the
performance of counsel was so inadequate that it may have affected the outcome of
the proceedings.” (emphasis in original) (internal quotation marks omitted)).
PETITION FOR REVIEW DENIED.
2 11-73747