FILED
NOT FOR PUBLICATION JUN 16 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA ESTHER CASTILLO, No. 12-73741
Petitioner, Agency No. A088-469-135
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 12, 2014**
Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges.
Maria Esther Castillo, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for
abuse of discretion the denial of a motion to reopen, and review de novo questions
*
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).
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 Castillo’s motion to reopen
as to ineffective assistance of counsel where Castillo failed to establish prejudice
arising from any alleged ineffective assistance by her former representatives. 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)).
The BIA also did not abuse its discretion in denying as untimely Castillo’s
motion to reopen as to changed country conditions where the motion was filed
more than two years after her removal order became final, see 8 C.F.R.
§ 1003.2(c)(2), and the BIA acted within its broad discretion in determining that
the evidence was insufficient to establish prima facie eligibility for asylum, see
Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010) (agency may deny a
motion to reopen based on failure to establish a prima facie case for the relief
sought).
PETITION FOR REVIEW DENIED.
2 12-73741