Eduardo Cardenas-Sosa v. Eric Holder, Jr.

MEMORANDUM

Eduardo Arturo Cardenas-Sosa, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand based on ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to remand, Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005), and review de novo questions of law, 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 abuse its discretion in denying Cardenas-Sosa’s motion to remand on the ground that he did not establish prejudice where he has not identified what additional evidence his former counsel should have submitted to the immigration judge in support of cancellation of removal, or articulated a specific claim for additional forms of relief. See id. at 793-94 (prejudice results when counsel’s performance “was so inadequate that it may have affected the outcome of the proceedings”); see also Ortiz v. INS, 179 F.3d 1148, 1153-54 (9th Cir.1999) (no prejudice where petitioners failed to describe the evidence that…