Joseph-Allan Soriano v. Eric H. Holder Jr.

MEMORANDUM

Joseph-Allan Quiza Soriano and Michael-Allan Quiza Soriano, natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen proceedings due to ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of ineffective assistance of counsel, and for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not err in concluding petitioners failed to show prejudice where they both testified that they personally had had no problems in the Philippines. See Iturribarria v. INS, 321 F.3d 889, 899-90 (9th Cir.2003) (prejudice results when the performance of counsel “was so inadequate that it may have affected the outcome of the proceedings”) (internal quotation marks omitted). Therefore, the BIA did not abuse its discretion in denying their motion to reopen. See Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (The BIA’s denial of a motion to reopen shall be reversed if it is “arbitrary, irrational, or contrary to…