FILED
NOT FOR PUBLICATION NOV 30 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T O F AP PE ALS
FOR THE NINTH CIRCUIT
SERAFIN CAMPOS-SORIA; ROSA No. 07-72884
CUAMBA RODRIGUEZ,
Agency Nos. A072-665-306
Petitioners, A072-665-320
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Serafin Campos-Soria and Rosa Cuamba Rodriguez, husband and wife and
natives and citizens of Mexico, petition pro se for review of the Board of
Immigration Appeals’ (“BIA”) order denying their motion to reopen and
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
RB/Research
reconsider. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for
abuse of discretion the denial of a motion to reopen, and de novo claims of due
process violations, including claims of ineffective assistance of counsel in
immigration proceedings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.
2005). We deny the petition for review.
We agree with the BIA’s conclusion in its July 11, 2007, order that
petitioners presented insufficient evidence to establish prejudice, and thus their
claim of ineffective assistance of counsel fails. See Rojas-Garcia v. Ashcroft, 339
F.3d 814, 826 (9th Cir. 2003) (to prevail on an ineffective assistance of counsel
claim a petitioner must demonstrate prejudice).
PETITION FOR REVIEW DENIED.
RB/Research 2 07-72884