Elias Shume Sirag v. ERIC H. HOLDER Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
KY/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELIAS SHUME SIRAG,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-75341
Agency No. A075-676-041
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT and TASHIMA, Circuit Judges.
Elias Shume Sirag, a native and citizen of Ethiopia, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C.
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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KY/Research 06-75341 2
§ 1252. We review for abuse of discretion the denial of a motion to reopen and
review de novo ineffective assistance of counsel claims. Iturribarria v. INS, 321
F.3d 889, 894 (9th Cir. 2003). We deny the petition for review.
We agree with the BIA that Sirag failed to establish any prejudice that was
caused by his former counsel’s performance. See id. at 899-903 (showing of
prejudice required to prevail on ineffective assistance of counsel claim).
We reject Sirag’s contention that the BIA failed to address every factual
claim he raised in his motion. See Fernandez v. Gonzales, 439 F.3d 592, 603-04
(9th Cir. 2006).
Sirag’s remaining contention is unavailing.
PETITION FOR REVIEW DENIED.

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