Ihab El Zohairy v. Loretta E. Lynch
Opinion
Opinion
MEMORANDUM
Ihab Gamal El Din El Zohairy, a native and citizen of Egypt, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for adjustment of status. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of ineffective assistance of counsel. 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 agency did not err in denying El Zohairy’s ineffective assistance of counsel claim for failure to establish prejudice, where he has not shown how different conduct by his prior attorney may have affected the outcome of proceedings. See id. at 793 (to prevail on an ineffective assistance of counsel claim, a petitioner must demonstrate that he was prejudiced by counsel’s performance).
In light of the dispositive determination that El Zohairy did not establish prejudice, we do not reach his contentions regarding his compliance with the threshold requirements of Matter of Lazada, 19 I. & N. Dec. 637 (BIA 1988). See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004).