Rodriguez Zenteno v. Holder

MEMORANDUM

Jose Luis Avila Avila, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion' to reopen, and review de novo questions of law, including claims of due process viola-. tions due to ineffective assistance of counsel. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The BIA did not abuse its discretion by denying Avila’s motion to reopen, because the BIA considered the evidence he submitted and acted within its broad discre-" tion in determining that the evidence was insufficient to warrant reopening. See Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (The BIA’s denial of a motion to reopen shall be reversed if it is “arbitrary, irrational, or contrary to law.”).

We agree with the BIA’s conclusion that Avila failed to establish that his former representative’s conduct resulted in prejudice, and therefore his ineffective assistance of counsel claim fails. See Mohammed, 400 F.3d at 793 (to prevail on an ineffective…