Avila Avila v. Holder

MEMORANDUM

Jose Guadalupe Aguas Loza and Martha Martinez Contreras, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their applications for cancellation of removal and denying their motion to remand based on ineffective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to remand, Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003), and review de novo questions of law, including claims of due process violations due to ineffective assistance of counsel, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

We agree with the BIA’s conclusion that petitioners failed to establish that their former counsel’s representation resulted in prejudice, and therefore their ineffective assistance of counsel claim fails. See id. at 793 (to prevail on an ineffective assistance of counsel claim, a petitioner must demonstrate prejudice). Accordingly, the BIA did not abuse its discretion in denying the motion to remand. See Singh v. INS, 295 F.3d 1037, 1039 (9th…