Fernando Moreno Mendez v. Eric Holder, Jr.

MEMORANDUM

Fernando Moreno Mendez and Maria Del Carmen Moreno Gomez, natives and citizens of Mexico, petition for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to -reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and review for abuse of discretion the denial of a motion to reopen. 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 correctly analyzed petitioners’ motion to reopen based on ineffective assistance of counsel in accordance with the governing statutory ‘ and regulatory scheme. See 8 C.F.R. § 1003.2 (c); see also Mohammed, 400 F.3d at 792 (“[A] motion to reopen ... is the proper ‘avenue ordinarily available to pursue ineffective assistance of counsel claims.’ ”).

The BIA did not abuse its discretion by denying petitioners’ motion to reopen due to lack of prejudice, where petitioners failed to establish plausible grounds for the relief that they seek. See Serrano v. Gonzales, 469 F.3d 1317, 1319 (9th Cir.2006) (“To assert a valid due process ineffective assistance of counsel claim, a…