Juan Enriquez Garcia, a.k.a. Juan Gabriel Garcia 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NOT FOR PUBLICATION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
JUAN ENRIQUEZ GARCIA, a.k.a. Juan
Gabriel Garcia,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-70128
Agency No. A091-743-506
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 13, 2012**
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Juan Enriquez Garcia, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing an immigration
judge’s denial of his motion to reopen alleging ineffective assistance of counsel.
FILED
NOV 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-70128 2
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 due process claims. Mohammed
v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for
review.
The agency did not abuse its discretion in denying Garcia’s motion to reopen
on the ground that his prior counsel’s decision to withdraw Garcia’s applications
for relief and accept voluntary departure constituted a tactical decision. See
Magallanes-Damian v. INS, 783 F.2d 931, 934 (9th Cir. 1986) (concluding that
attorney’s tactical decision did not constitute ineffective assistance of counsel).
PETITION FOR DENIED.

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