Humberto VALLIN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 474 F. App'x 709

MEMORANDUM Humberto Vallin, a native and citizen of Mexico, 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 under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, and review de novo claims of due process violations. 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 Vallin’s motion to reopen on the ground that he presented insufficient evidence to establish prejudice resulting from the alleged errors of his former counsel. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir.2003) (requiring prejudice to prevail on an ineffective assistance claim). In light of our disposition, we need not address Vallin’s remaining contentions. PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.