Ruben Hernandez v. Loretta E. Lynch

MEMORANDUM

In these consolidated petitions for review, Ruben Hernandez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings based on ineffective assistance of counsel (petition No. 13-72087), and his subsequent motion to reconsider (petition No. 13-73923). We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen or reconsider, and review de novo questions of law and claims of ineffective assistance. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petitions for review.

The BIA did not abuse its discretion in denying Hernandez’s March 22, 2013, motion to reopen 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). Hernandez has not established that the BIA applied an incorrect prejudice standard. In light of this disposition, we do not reach Hernandez’s…