Ley Eng Lim v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LEY ENG LIM,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-70154
Agency No. A089-897-740
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Ley Eng Lim, a native and citizen of Malaysia, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider.
We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
FILED
JAN 27 2014
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).
12-70154

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BIA’s denial of a motion to reconsider, and review de novo claims of due process
violations. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002). We deny the
petition for review.
The BIA did not abuse its discretion in denying Lim’s motion to reconsider
based on her arguments of past and future persecution. See id. (court will not
disturb the BIA’s decision unless it acted arbitrarily, irrationally, or contrary to
law). In addition, even if the agency failed to properly consider Lim’s legal advice
argument, we reject her due process challenge because she failed to establish
prejudice. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring
prejudice to prevail on a due process challenge to deportation proceedings).
PETITION FOR REVIEW DENIED.
12-70154 2

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