Lusine Taslakhchyan v. Eric Holder, Jr.

MEMORANDUM

Baldev Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his 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, 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 Singh’s motion to reopen because he failed to show that he was prejudiced by the alleged ineffective assistance of his former counsel. See id. at 793-94 (prejudice results when “the performance of counsel was so inadequate that it may have affected the outcome of the proceedings” (internal quotation marks omitted)).

To the extent Singh now contends that his former attorney was also ineffective for failing to inform him of the need to immediately complete a Form 1-130 petition, we lack jurisdiction to consider this contention because Singh did not raise it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (this court lacks jurisdiction to review contentions not raised before the…