Erick Ivan Morataya Suriano 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).
TL/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERICK IVAN MORATAYA SURIANO,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71210
Agency No. A070-808-026
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Erick Ivan Morataya Suriano, a native and citizen of Guatemala, 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
FILED
FEB 24 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of
a motion to reopen and review de novo constitutional claims. 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 Morataya Suriano’s motion
to reopen where he failed to establish prejudice from his prior attorneys’ conduct.
See id. at 794 (petitioner must show plausible grounds for relief to establish
prejudice from ineffective assistance of counsel).
PETITION FOR REVIEW DENIED.

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