FILED
NOT FOR PUBLICATION OCT 15 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
IMRAN KHAN, No. 11-70679
Petitioner, Agency No. A078-650-715
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 9, 2012**
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Imran Khan, a native and citizen of Fiji, petitions for review of the Board of
Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration
judge’s order denying his motion to reopen removal proceedings. 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.
Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny the petition
for review.
The BIA did not abuse its discretion in denying Khan’s motion to reopen
based on ineffective assistance by his three former attorneys. Khan did not
establish actual deficient performance by his first attorney, where the attorney
withdrew his applications for relief and accepted voluntary departure to allow
petitioner to immigrate to Canada to join his Canadian citizen wife. See Torres-
Chavez v. Holder, 567 F.3d 1096, 1100-02 (9th Cir. 2009). As to the subsequent
attorneys, Khan did not establish prejudice from their failure to file a motion to
reopen, where his declaration states that he met with the attorneys after the
applicable filing deadline. See 8 C.F.R. § 1003.2(c)(2) (a motion to reopen must
be filed within 90 days of the final administrative order); Mohammed, 400 F.3d at
793-94 (prejudice results when counsel’s actions may have affected the outcome of
proceedings).
PETITION FOR REVIEW DENIED.
2 11-70679