Salvador Aguilar Vences v. Eric Holder, Jr.

555 F. App'x 741

Opinion

MEMORANDUM **

Salvador Aguilar Vences and Maria Esther Aguilar Lara, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen alleging 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. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review.

The BIA did not abuse its discretion by denying petitioners’ motion to reopen where they failed to establish prejudice from the alleged ineffective assistance. See id. at 901-03; Ortiz v. INS, 179 F.3d 1148, 1153-54 (9th Cir.1999) (no prejudice where petitioners failed to describe the evidence that counsel incompetently failed to introduce).

PETITION FOR REVIEW DENIED.

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