Tampubolon v. Holder

386 F. App'x 709

Opinion

MEMORANDUM **

Ricson Tampubolon, a native and citizen of Indonesia, 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, Reyes v. Ashcroft, 358 F.3d 592, 595 (9th Cir.2004), and we review de novo claims of due process violations in immigration proceedings, Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000). We deny the petition for review.

The BIA properly concluded that Tam-pubolon failed to establish ineffective assistance of counsel, because his attorney’s decision to withdraw his application for asylum constituted a tactical decision. See Magallanes-Damian v. INS, 783 F.2d 931, 934 (9th Cir.1986). Tampubolon has not established prejudice to support his due process claim. See Lata, 204 F.3d at 1246.

PETITION FOR REVIEW DENIED.

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