Gabriela Galvez De Ramirez v. Eric H. Holder Jr.
Opinion
Opinion
MEMORANDUM
Gabriela Galvez De Ramirez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying petitioner’s motion to reopen based on ineffective assistance of counsel. Petitioner’s evidence is not sufficient to show that the alleged ineffective assistance of counsel may have affected the outcome of the proceedings. See id. at 901-02 (requiring prejudice to prevail on ineffective assistance claim). In addition, petitioner cannot establish ineffective assistance based on the actions leading to the institution of her removal proceedings. See Lara-Torres v. Ashcroft, 383 F.3d 968, 973-75 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005) (no ineffective assistance where representative’s incorrect advice led to issuance of Notice to Appear and petitioner was ineligible for relief).