Ruben Oscar RIVERA; Sonia Rivera, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 523 F. App'x 449

MEMORANDUM Ruben Oscar Rivera and Sonia Rivera, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings 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 establish prejudice arising from any alleged ineffective assistance by their 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.” (emphasis in original) (internal quotation marks omitted)); see also Lara-Torres v. Ashcroft, 383 F.3d 968, 973-74 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005) (order). PETITION FOR REVIEW DENIED.

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