Umbas
Umbas v. Holder
Opinion
Opinion
MEMORANDUM
Imelda Haidy Umbas, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ denial of her motion to remand to the Immigration Judge based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 . We review the denial of the motion to remand for abuse of discretion. Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004). We review the administrative findings of fact regarding counsel’s performance for substantial evidence. Monjaraz-Munoz v. INS, 327 F.3d 892, 895 (9th Cir.2003). We deny the petition for review and the request to remand.
Even assuming the performance of Um-bas’s multiple attorneys was deficient, she has not shown prejudice. “Prejudice is found when the performance of counsel was so inadequate that it may have affected the outcome of the proceedings.” Ortiz v. INS, 179 F.3d 1148, 1153 (9th Cir.1999). Umbas has failed to demonstrate how her counsel’s performance affected the outcome of her case. While Umbas could have better presented her case, the record does not support a conclusion that she would otherwise have been entitled to relief.