Volodymyr Kuzmenko v. Loretta E. Lynch

MEMORANDUM

Volodymyr Kuzmenko, a native of the former Soviet Union and a citizen of Ukraine, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal pro- ■ ceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, review for substantial evidence the agency’s factual determinations, and review de novo constitutional claims. 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 Kuzmenko’s motion to reopen based on ineffective assistance of counsel, where Kuzmenko failed to establish prejudice resulting from his former attorney’s alleged ineffective assistance. See id. at 793 (to prevail on an ineffective assistance of counsel claim, a petitioner must demonstrate that counsel failed to perform with sufficient competence and that he was prejudiced by counsel’s performance). The record does not support Kuzmenko’s contention that his attorney failed to understand that his claim was for an imputed political opinion, and because substantial evidence…