FILED
NOT FOR PUBLICATION JAN 03 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROGELIO CONCHAS-FERNANDEZ, No. 11-72189
Petitioner, Agency No. A092-294-084
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Rogelio Conchas-Fernandez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his second
motion to reopen based on ineffective assistance of counsel. We have jurisdiction
under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
*
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).
reopen, and review de novo questions of law. Mohammed v. Gonzales, 400 F.3d
785, 791-92 (9th Cir. 2005). We deny the petition for review.
The BIA did not abuse its discretion in denying Conchas-Fernandez’s
motion to reopen where petitioner failed to establish prejudice arising from the
alleged ineffective assistance of counsel. See Singh v. Ashcroft, 367 F.3d 1182,
1189 (9th Cir. 2004) (presumption of prejudice resulting from counsel’s failure to
file a brief may be rebutted where petitioner is unable to “show plausible grounds
for relief”).
In light of our disposition, we need not address Conchas-Fernandez’s claim
regarding equitable tolling.
PETITION FOR REVIEW DENIED.
2 11-72189