Jose Ramiro Baez Paredes 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NOT FOR PUBLICATION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
JOSE RAMIRO BAEZ PAREDES,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 06-74525
Agency No. A095-185-666
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
November 21, 2011**
Before: TASHIMA, BERZON, and TALLMAN, Circuit Judges.
Jose Ramiro Baez Paredes, a native and citizen of Mexico, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order denying his
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
FILED
NOV 22 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

06-74525 2
reopen, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), and we deny
the petition for review.
The BIA did not abuse its discretion when it denied Baez Paredes’s motion
to reopen on the ground that he failed to establish prejudice from the errors of his
former counsel. See Ray v. Gonzales, 439 F.3d 582, 587 (9th Cir. 2006)
(presumption of prejudice arising from counsel’s failure to file a timely appeal is
rebutted when petitioner cannot “demonstrate plausible grounds for relief”).
Contrary to Baez Paredes’s contention, his conviction for carrying a loaded firearm
under Cal. Penal Code § 12031(a)(1) constituted a firearm offense under 8 U.S.C.
§ 1227(a)(2)(C) that rendered him ineligible for cancellation of removal. See
8 U.S.C. § 1229b(b)(1)(C); Gil v. Holder, 651 F.3d 1000, 1004 (9th Cir. 2011)
(“[T]he generic offenses listed in § 1227(a)(2)(C) (such as carrying or possessing a
firearm) should be interpreted as broadly as possible, so as to cover firearms
offenses of any type.”) (citation and quotations omitted).
PETITION FOR REVIEW DENIED.

-- 2 of 2 --