Imelda Haidy Umbas 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 Honorable John A. Mendez, District Judge, United States District**
Court for the Eastern District of California, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
IMELDA HAIDY UMBAS,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-74927
Agency No. A078-442-428
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted June 8, 2012
Pasadena, California
Before: B. FLETCHER and WARDLAW, Circuit Judges, and MENDEZ, District
Judge.**
Imelda Haidy Umbas, a native and citizen of Indonesia, petitions for review
of the Board of Immigration Appeals’ denial of her motion to remand to the
Immigration Judge based on ineffective assistance of counsel. We have
FILED
JUN 18 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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jurisdiction under 8 U.S.C. § 1252. We review the denial of the motion to remand
for abuse of discretion. Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.
2004). We review the administrative findings of fact regarding counsel’s
performance for substantial evidence. Monjaraz-Munoz v. INS, 327 F.3d 892, 895
(9th Cir. 2003). We deny the petition for review and the request to remand.
Even assuming the performance of Umbas’s multiple attorneys was
deficient, she has not shown prejudice. “Prejudice is found when the performance
of counsel was so inadequate that it may have affected the outcome of the
proceedings.” Ortiz v. INS, 179 F.3d 1148, 1153 (9th Cir. 1999). Umbas has
failed to demonstrate how her counsel’s performance affected the outcome of her
case. While Umbas could have better presented her case, the record does not
support a conclusion that she would otherwise have been entitled to relief.
PETITION DENIED

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