NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 13 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALDO BALTAZAR COREA, No. 18-70217
Petitioner, Agency No. A077-093-171
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 6, 2020**
Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges.
Aldo Baltazar Corea, a native and citizen of El Salvador, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
removal proceedings and reissue its prior decision. 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 of law. Bonilla v. Lynch, 840 F.3d 575, 581
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
(9th Cir. 2016). We deny the petition for review.
The BIA did not abuse its discretion in denying Corea’s motion to reopen
and reissue, where he did not show prejudice from any ineffective assistance of
counsel. See Mohammed v. Gonzales, 400 F.3d 785, 793-94 (9th Cir. 2005) (to
prevail on an ineffective assistance of counsel claim, an alien must show he was
prejudiced by counsel’s performance; prejudice results when performance was so
inadequate that it may have affected the outcome of proceedings). Although Corea
contends he was deprived of his ability to petition this court for review of the
agency’s denial of relief, Corea has not explained how the agency erred in its
underlying denial of relief or why he is otherwise eligible for relief. See Rojas-
Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir. 2003) (failure to timely file an
appeal due to ineffective assistance of counsel creates a rebuttable presumption of
prejudice, but the alien must still show plausible grounds for relief).
Because the prejudice determination is dispositive, we do not address
Corea’s contentions that his former counsel’s performance was deficient. See
Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agency are not
required to decide issues unnecessary to the results they reach).
Corea has not identified any legal error underlying the BIA’s denial of sua
sponte reopening. See Bonilla, 840 F.3d at 588 (court can review BIA decisions
denying sua sponte reopening only for the limited purpose of reviewing the
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reasoning behind the decision for legal or constitutional error). Because Corea has
not shown the BIA’s ineffective assistance determination is flawed, he also has not
shown the BIA’s denial of sua sponte reopening, based on the same claim, is based
on a flawed legal premise.
We do not address Corea’s contentions regarding equitable tolling of the
filing deadline, where the BIA addressed the merits of his motion. See Najmabadi
v. Holder, 597 F.3d 983, 986 (9th Cir. 2010) (the court’s review is limited to the
actual grounds relied upon by the BIA).
PETITION FOR REVIEW DENIED.
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