Monty Satriawan 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 concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MONTY SATRIAWAN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-71264
Agency No. A095-630-008
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Monty Satriawan, 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, and review de novo claims of
FILED
SEP 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-71264 2
due process violations, including ineffective assistance of counsel claims.
Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the
petition for review.
The BIA did not abuse its discretion in denying Satriawan’s motion to
reopen where he failed to establish that ineffective assistance of counsel may have
affected the outcome of his case. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826
(9th Cir. 2003) (to prevail on an ineffective assistance of counsel claim a petitioner
must demonstrate prejudice).
Satriawan’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.

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Circuit Judge N.R. Smith dissents, based on the prejudice standard.
FILED
SEP 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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