FILED
NOT FOR PUBLICATION NOV 19 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BALDEV SINGH, No. 07-71072
Petitioner, Agency No. A076-841-573
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 13, 2012 **
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Baldev Singh, a native and citizen of India, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our
jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the
denial of a motion to reopen, and review de novo due process claims. Mohammed
*
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).
v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in
part the petition for review.
The BIA did not abuse its discretion in denying Singh’s motion to reopen
because he failed to show that he was prejudiced by the alleged ineffective
assistance of his former counsel. See id. at 793-94 (prejudice results when “the
performance of counsel was so inadequate that it may have affected the outcome of
the proceedings” (internal quotation marks omitted)).
To the extent Singh now contends that his former attorney was also
ineffective for failing to inform him of the need to immediately complete a Form I-
130 petition, we lack jurisdiction to consider this contention because Singh did not
raise it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004)
(this court lacks jurisdiction to review contentions not raised before the agency).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 07-71072