Jose Alfredo Lozano Vazquez; Olivia Reyes Acoltzi v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE ALFREDO LOZANO VAZQUEZ;
OLIVIA REYES ACOLTZI,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-71042
Agency Nos. A075-687-473
A075-687-474
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 15, 2013**
Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.
Jose Alfredo Lozano Vazquez and his wife, Olivia Reyes Acoltzi, natives
and citizens of Mexico, petition for review of the Board of Immigration Appeals’
(“BIA”) order denying their motion to reopen based on ineffective assistance of
FILED
JAN 16 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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counsel. 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 questions of law.
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 petitioners’ motion to
reopen where they failed to show that they were prejudiced by their former
counsel’s conduct. See id. at 793-94 (“[P]rejudice results when the performance of
counsel was so inadequate that it may have affected the outcome of the
proceedings.” (emphasis in original) (internal quotation marks omitted)).
Petitioners’ remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.
11-71042 2

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