FILED
NOT FOR PUBLICATION JUL 25 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
NORMA RICO RANGEL, Nos. 09-72009
10-70264
Petitioner,
Agency No. A095-306-440
v.
ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM *
Respondent.
On Petitions for Review of Orders of the
Board of Immigration Appeals
Submitted July 17, 2012**
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
In these consolidated petitions for review, Norma Rico Rangel, native and
citizen of Mexico, petitions for review of the Board of Immigration Appeals’
(“BIA”) orders denying her motions to reopen and reconsider. 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 or reconsider, and review de novo due process claims.
Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We deny the petition for
review in No. 10-70264, and dismiss the petition for review in No. 09-72009.
The BIA did not abuse its discretion in denying Rico Rangel’s motion to
reconsider for failure to establish prejudice from the alleged ineffective assistance
of her former counsel. See id. at 899 (requiring prejudice to prevail in a due
process claim).
In light of our disposition, we dismiss the petition for review concerning the
underlying motion to reopen as moot.
In No. 09-72009: PETITION FOR REVIEW DISMISSED.
In No. 10-70264: PETITION FOR REVIEW DENIED.
2 09-72009