Vazquez-Mendoza v. Holder

328 F. App'x 438

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 1, 2009
• Docket: No. 07-74156
• Status: Published

Opinion

MEMORANDUM

**

Aurora Carolina Vazquez-Mendoza, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, and review de novo questions of law, including claims of due process violations due to ineffective assistance of counsel. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

We agree with the BIA that Vazquez-Mendoza failed to show she was prejudiced by her former representative’s performance. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir.2003) (presumption of prejudice rebutted where alien could not demonstrate plausible grounds for relief).

Vazquez-Mendoza’s contention that the BIA utilized the incorrect prejudice standard is 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.