FILED
NOT FOR PUBLICATION MAR 25 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
NEFTALI GUZMAN-GARCIA, a.k.a. No. 11-70149
Nefali Garcia-Ruballo, a.k.a. Nefali
Garcia-Rubello, a.k.a. Nefali Guzman Agency No. A095-790-793
Garcia, a.k.a. Neftali Guzman Garcia,
a.k.a. Nefali Guzman-Garcia, a.k.a. Raul
Ortiz-Sanchez, MEMORANDUM *
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2013 **
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
*
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).
Neftali Guzman-Garcia, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
proceedings due to 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 reopen,
and review de novo due process claims. 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 Guzman-Garcia’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”).
PETITION FOR REVIEW DENIED.
2 11-70149