Carlos Gutierrez-Porras v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION NOV 26 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CARLOS ROBERTO GUTIERREZ- No. 11-71215 PORRAS; et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