Hector Vargas-Corona v. Eric H. Holder Jr.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT MAR 23 2011

MOLLY C. DWYER, CLERK

U .S. C O U R T OF APPE ALS

HECTOR VARGAS CORONA, No. 08-71659

Petitioner, Agency No. A077-819-859

v.

MEMORANDUM *

ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted March 8, 2011**

Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.

Hector Vargas-Corona, 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.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). § 1252. We review de novo claims of ineffective assistance of counsel, for

substantial evidence findings of fact regarding counsel’s performance, and for

abuse of discretion…