Segundo Angamarca Llivicura v. Eric Holder, Jr.

MEMORANDUM

Segundo Marcelo Angamarca Llivicura, a native and citizen of Ecuador, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Andia v. Ashcroft, 359 F.3d 1181, 1184 (9th Cir. 2004) (per curiam). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying for lack of prejudice Angamarca Llivicura’s motion to reopen based on a claim of ineffective assistance of counsel. See Montes-Lopez v. Holder, 694 F.3d 1085, 1090 (9th Cir.2012) (“[A] petitioner must show prejudice to prevail on a claim [of] ineffective assistance of counsel.... ”). As to Angamarca Llivicura’s first prior attorney, the BIA’s previous decision reopening removal proceedings based on Angamarca Llivicura’s claim of ineffective assistance of counsel cured any prejudice arising from that attorney’s errors. See Desta v. Ashcroft, 365 F.3d 741, 748 (9th Cir.2004) (observing that reopening can “cure” previous defective representation). As to his second prior attorney,…