FILED
NOT FOR PUBLICATION JUL 06 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARIA RODRIGUEZ-PALMERIN, No. 10-72892
Petitioner, Agency No. A096-571-584
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 26, 2012 **
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Maria Rodriguez-Palmerin, native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen removal proceedings based on ineffective assistance of counsel. We have
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of
*
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).
a motion to reopen, and review de novo claims of due process violations.
Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We deny the petition for
review.
The BIA did not abuse its discretion in denying Rodriguez-Palmerin’s
motion to reopen, where she failed to show that the alleged ineffective assistance
of counsel may have affected the outcome of her proceedings. See id. at 899-900
(requiring prejudice to prevail on ineffective assistance claim); see also Trias-
Hernandez v. INS, 528 F.2d 366, 368-69 (9th Cir. 1975) (Miranda warnings are
not required in the deportation context).
In light of our disposition, we need not address Rodriguez-Palmerin’s
remaining contentions.
PETITION FOR REVIEW DENIED.
2 10-72892