Ng
Ng v. Holder
Opinion
Opinion
MEMORANDUM
Sussan Ng and Lin Xie, natives of China and citizens of Australia, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, and de novo claims of due process violations, including ineffective assistance of counsel claims. 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 record does not compel the conclusion that petitioners timely extended or changed their status prior to the expiration of their nonimmigrant visas on June 30, 2005. See Singh-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir.1999) (a contrary result is not compelled where there is “[t]he possibility of drawing two inconsistent conclusions from the evidence”) (internal quotation marks and citation omitted).
The BIA correctly concluded that petitioners’ ineffective assistance of counsel claim fails because they have not demon strated prejudice. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir.2003) (to prevail on an ineffective…