Francisco Santana-Quintero v. Eric H. Holder Jr.

Good Law
473 F. App'x 721
United States Court of Appeals for the Ninth CircuitMay 25, 201208-74678California257 words

Opinion

Opinion

MEMORANDUM

Francisco Santana-Quintero, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen and reconsider on the basis of ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider and reopen, and review de novo due process claims. 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 BIA did not abuse its discretion in denying Santana-Quintero’s motion to reopen and reconsider because SantanaQuintero failed to establish that the alleged ineffective assistance of his former attorneys may have affected the outcome of his proceedings. See id. at 793-94 (to prevail on an ineffective assistance of counsel claim, a petitioner must demonstrate prejudice); Mielewczyk v. Holder, 575 F.3d 992, 995-98 (9th Cir.2009) (a conviction for violating California Health & Safety Code § 11352 constitutes a removable controlled substance offense where the record of conviction establishes that the offense involved cocaine).

We lack jurisdiction to…

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