Maria Sacarias De Pinedo 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NOT FOR PUBLICATION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
MARIA SACARIAS DE PINEDO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-71789
Agency No. A092-436-892
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.
Maria Sacarias De Pinedo, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen based on ineffective assistance of counsel. We have jurisdiction under 8
U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen.
FILED
SEP 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-71789 2
Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir. 2005). We deny the petition
for review.
The BIA did not abuse its discretion in denying Sacarias De Pinedo’s motion
to reopen because she presented insufficient evidence to establish prejudice. 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).
PETITION FOR REVIEW DENIED.

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