Willman Alexander Portillo, a.k.a. William Alexander Portillo 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NOT FOR PUBLICATION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
WILLMAN ALEXANDER PORTILLO,
a.k.a. William Alexander Portillo,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-70667
Agency No. A070-958-440
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 11, 2013**
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Willman Alexander Portillo, a native and citizen of El Salvador, petitions 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
FILED
FEB 13 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-70667 2
U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen,
and review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-
92 (9th Cir. 2005). We deny the petition for review.
The BIA did not abuse its discretion in denying Portillo’s motion to reopen
where he failed to show that his former counsel’s alleged ineffective assistance
prejudiced his case. See id. at 793-94 (prejudice results when counsel’s actions
may have affected the outcome of the proceedings).
Portillo’s claim regarding the withdrawal of his request for voluntary
departure without his consent is not supported by the record.
PETITION FOR REVIEW DENIED.

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