Patricia Consolacion Cruz Nicolas; Belem Alelhi Reymundo Nicolas 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).
NHY/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
PATRICIA CONSOLACION CRUZ
NICOLAS; BELEM ALELHI
REYMUNDO NICOLAS,
Petitioners,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 05-75363
Agency Nos. A095-186-669
A095-186-670
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010**
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Patricia Consolacion Cruz Nicolas and Belem Alelhi Reymundo Nicolas,
mother and daughter and natives and citizens of Mexico, petition for review of the
FILED
JAN 20 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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NHY/Research 05-75363 2
Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. We
have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
denial of a motion to reopen, and we review de novo ineffective assistance of
counsel claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005).
We deny the petition for review.
We agree with the BIA’s determination that petitioners’ ineffective
assistance of counsel claim fails because they did not establish prejudice from their
former counsel’s performance. See Iturribarria v. INS, 321 F.3d 889, 899-900 (9th
Cir. 2003) (to prevail on an ineffective assistance of counsel claim, petitioner must
demonstrate prejudice).
Petitioners’ remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.

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