Claudio Alberto Gutierrez v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CLAUDIO ALBERTO GUTIERREZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 15-71462
Agency No. A089-430-072
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Claudio Alberto Gutierrez, a native and citizen of Argentina, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We
review for abuse of discretion the denial of a motion to reopen. Mohammed v.
FILED
JAN 24 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 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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Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny in part and dismiss in part
the petition for review.
The BIA did not abuse its discretion in denying Gutierrez’s motion to reopen
on the ground that Gutierrez did not establish prejudice resulting from his prior
attorney’s alleged ineffective assistance. See id. at 793 (to prevail on an ineffective
assistance of counsel claim, a petitioner must demonstrate that he was prejudiced
by counsel’s performance).
We lack jurisdiction to review the BIA’s refusal to reopen proceedings sua
sponte. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011); cf.
Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
15-71462 2

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