Rosales-Picen

MEMORANDUM

Idania Rosales-Picen (“Rosales-Picen”) petitions for review of a decision of the Board of Immigration Appeals (“BIA”) denying her motion to reopen removal proceedings based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 .

We review ineffective assistance of counsel claims de novo and findings of fact regarding counsel’s performance for substantial evidence. Lin v. Ashcroft, 377 F.3d 1014, 1024 (9th Cir.2004). Ineffective assistance of counsel claims require a showing of prejudice to succeed. Id. Upon review of the record, we conclude that Rosales-Picen did not demonstrate prejudice arising out of prior counsel’s failure properly to investigate and present Rosales-Picen’s asylum claim based on her fear of persecution by the guerrillas in Guatemala. The new evidence RosalesPicen offered in support of her motion to reopen does not undermine the agency’s prior conclusions that (1) Rosales-Picen did not establish past persecution, and (2) Rosales-Picen failed to prove that she could not reasonably relocate to a place within Guatemala where she would be safe from the guerrillas.

Substantial evidence supports the BIA’s finding that “it was…