Neftali Guzman-Garcia, a.k.a. Nefali Garcia-Ruballo, a.k.a. Nefali Garcia-Rubello,… 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NOT FOR PUBLICATION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
NEFTALI GUZMAN-GARCIA, a.k.a.
Nefali Garcia-Ruballo, a.k.a. Nefali
Garcia-Rubello, a.k.a. Nefali Guzman
Garcia, a.k.a. Neftali Guzman Garcia,
a.k.a. Nefali Guzman-Garcia, a.k.a. Raul
Ortiz-Sanchez,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-70149
Agency No. A095-790-793
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
FILED
MAR 25 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-70149 2
Neftali Guzman-Garcia, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
proceedings due to ineffective assistance of counsel. We have jurisdiction under 8
U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen,
and review de novo due process 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 Guzman-Garcia’s motion to
reopen because he failed to show that he was prejudiced by the alleged ineffective
assistance of his former counsel. See id. at 793-94 (prejudice results when “the
performance of counsel was so inadequate that it may have affected the outcome of
the proceedings”).
PETITION FOR REVIEW DENIED.

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