J Eugenio Garcia-Castillo v. Eric Holder, Jr.

MEMORANDUM

Arnoldo Penaloza, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reconsider the BIA’s denial of his earlier motion to reopen based on a claim of ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reconsider or to reopen, Ghahremani v. Gonzales, 498 F.3d 993, 997 (9th Cir.2007), and review de novo due process claims based on ineffective assistance of counsel, Santiago-Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir.2011). We deny the petition for review.

The BIA did not abuse its discretion by denying Penaloza’s motion to reconsider because he did not demonstrate any legal or factual error in the BIA’s refusal to reopen his case due to his failure to show that his prior attorney’s actions may have prejudiced the outcome of his appellate proceedings. See Yeghiazaryan v. Gonzales, 439 F.3d 994, 998 (9th Cir.2006) (“In filing a motion to reconsider, the petitioner must ‘specify[ ] the errors of fact or law in the prior B[IA] decision....’” (citation omitted)); Nehad v. Mukasey, 535 F.3d 962, 967…