FILED
NOT FOR PUBLICATION NOV 26 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS ROBERTO GUTIERREZ- No. 11-71215
PORRAS; et al.,
Agency Nos. A070-805-891
Petitioners, A070-805-890
A075-483-579
v.
ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM*
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2014 **
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Carlos Roberto Gutierrez-Porras, Irma Gutierrez, and Kenny Gutierrez,
natives and citizens of Guatemala, petition pro se for review of the Board of
Immigration Appeals’ order denying their motion to reopen removal proceedings
*
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).
based on ineffective assistance of counsel. 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 claims of due process violations. Mohammed v. Gonzales, 400
F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.
The agency did not abuse its discretion in denying petitioners’ motion to
reopen where they failed to establish prejudice arising from any alleged ineffective
assistance by their former counsel. 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 11-71215