Alicia Hernandez Lozano 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 finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
RA/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALICIA HERNANDEZ LOZANO,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-73456
Agency No. A075-711-362
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010**
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Alicia Hernandez Lozano, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen removal proceedings based on ineffective assistance of counsel. We have
FILED
JAN 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the
denial of a motion to reopen, and review de novo constitutional questions,
including claims of ineffective assistance of counsel. Mohammed v. Gonzales, 400
F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.
Even if Lozano complied with the requirements set forth in Matter of
Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988), Lozano failed to establish that her
former attorney’s alleged ineffective assistance resulted in prejudice, and thus her
claim of ineffective assistance of counsel fails. See id. at 793-94 (to prevail on an
ineffective assistance of counsel claim a petitioner must demonstrate prejudice).
PETITION FOR REVIEW DENIED.

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