Ley Lim v. Eric Holder, Jr.

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 27, 2014
• Docket: 12-70154
• Status: Unpublished

Opinion

FILED NOT FOR PUBLICATION JAN 27 2014

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

LEY ENG LIM, No. 12-70154

Petitioner, Agency No. A089-897-740

v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted January 21, 2014**

Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.

Ley Eng Lim, a native and citizen of Malaysia, petitions for review of the

Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider.

We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the

* 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).

12-70154 BIA’s denial of a motion to reconsider, and review de novo claims of due process

violations. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002). We deny the

petition for review.

The BIA did not abuse its discretion in denying Lim’s motion to reconsider

based on her arguments of past and future persecution. See id. (court will not

disturb the BIA’s decision unless it acted arbitrarily, irrationally, or contrary to

law). In addition, even if the agency failed to properly consider Lim’s legal advice

argument, we reject her due process challenge because she failed to establish

prejudice. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring

prejudice to prevail on a due process challenge to deportation proceedings).

PETITION FOR REVIEW DENIED.

2 12-70154