Molina v. Holder

417 F. App'x 652

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 1, 2011
• Docket: No. 08-73935
• Status: Published

Opinion

MEMORANDUM

**

Hector Baltazar Molina, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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 a motion to reopen, and review de novo claims of ineffective assistance of counsel. 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 Molina’s motion to reopen where he failed to establish that ineffective assistance of counsel may have affected the outcome of his case. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir.2003) (to prevail on an ineffective assistance of counsel claim a petitioner must demonstrate prejudice).

Molina’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.