Lugardo Guerrero-Munoz v. Eric Holder, Jr.

MEMORANDUM

Lugardo Guerrero-Munoz, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen alleging ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen. Granados-Oseguera v. Mukasey, 546 F.3d 1011, 1014 (9th Cir.2008) (per curiam). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying Guerrero-Munoz’s motion to reopen due to his lack of prima facie eligibility for relief from removal because Guerrero-Munoz’s failure to depart the United States in accordance with his grant of voluntary departure rendered him statutorily ineligible for cancellation of removal. See 8 U.S.C. § 1229c(d)(l); see also Fernandez v. Gonzales, 439 F.3d 592, 599 (9th Cir.2006) (noting that the BIA may deny a motion to reopen for failure to establish prima facie eligibility for the underlying relief sought). Guerrero-Munoz’s related claim that the BIA incorrectly applied the law in adjudicating his motion to reopen similarly fails. See Granados-Oseguera, 546 F.3d at…