10-73118•Abd El Aziz Minssy, a.k.a. Abd El Aziz Fahmy Minssy; v. ERIC H. HOLDER, Jr., Attorney General
10-73118Court of Appeals for the Ninth Circuit18 de set. de 2012
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NOT FOR PUBLICATION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
ABD EL AZIZ MINSSY, a.k.a. Abd El
Aziz Fahmy Minssy; et al.,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73118
Agency Nos. A046-835-473
A046-835-474
A046-835-475
A046-835-476
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 10, 2012**
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Abd El Aziz Minssy and his family, natives and citizens of Egypt, petition
for review of the Board of Immigration Appeals’ (“BIA”) order denying their
motion to reopen based on ineffective assistance of counsel. We have jurisdiction
FILED
SEP 18 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny the
petition for review.
The BIA did not abuse its discretion in denying petitioners’ motion to
reopen on the ground that petitioners failed to establish that the alleged ineffective
assistance of their former attorney may have affected the outcome of their
proceedings. See id. at 793-94 (to prevail on an ineffective assistance of counsel
claim, a petitioner must demonstrate prejudice). We reject petitioners’ contention
that the BIA applied the wrong legal standard.
PETITION FOR REVIEW DENIED.
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