SALVADOR AGUILAR VENCES and MARIA ESTHER AGUILAR LARA v. ERIC H. HOLDER, Jr., Attorney General

12-73926Court of Appeals for the Ninth Circuit24 feb 2014

Testo completo

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SALVADOR AGUILAR VENCES and
MARIA ESTHER AGUILAR LARA,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-73926
Agency Nos. A079-537-361
A070-950-121
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Salvador Aguilar Vences and Maria Esther Aguilar Lara, natives and
citizens of Mexico, petition for review of the Board of Immigration Appeals’
(“BIA”) order denying their motion to reopen alleging ineffective assistance of
counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
FILED
FEB 24 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894
(9th Cir. 2003). We deny the petition for review.
The BIA did not abuse its discretion by denying petitioners’ motion to
reopen where they failed to establish prejudice from the alleged ineffective
assistance. See id. at 901-03; Ortiz v. INS, 179 F.3d 1148, 1153-54 (9th Cir. 1999)
(no prejudice where petitioners failed to describe the evidence that counsel
incompetently failed to introduce).
PETITION FOR REVIEW DENIED.
12-73926 2

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