Freddy Arturo CIVIL-LOCON, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 358 F. App'x 824

MEMORANDUM Freddy Arturo Civil-Locon, 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 pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, and de novo claims of due process violations, including claims of ineffective assistance of counsel in immigration proceedings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

We agree with the BIA’s conclusion that Civil-Locon cannot establish that the alleged ineffective assistance of former counsel resulted in prejudice. See Iturribarria v. INS, 321 F.3d 889, 899-900 (9th Cir.2003) (to prevail on an ineffective assistance of counsel claim, an alien must demonstrate that counsel’s performance may have affected the outcome of the proceedings). As Civil-Locon cannot demonstrate prejudice, the BIA did not abuse its discretion in denying his motion to reopen. PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.