Jose Alfredo Lozano VAZQUEZ; Olivia Reyes Acoltzi, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 505 F. App'x 634

MEMORANDUM Jose Alfredo Lozano Vazquez and his wife, Olivia Reyes Acoltzi, natives and citizens of Mexico, 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 under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen and review de novo questions of law. 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 petitioners’ motion to reopen where they failed to show that they were prejudiced by their former counsel’s conduct. 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.” (emphasis in original) (internal quotation marks omitted)). Petitioners’ remaining contentions are unavailing. PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.