Arnoldo Penaloza v. Eric Holder, Jr.

FILED

NOT FOR PUBLICATION NOV 20 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ARNOLDO PENALOZA, No. 10-71306

Petitioner, Agency No. A075-755-350

v.

MEMORANDUM *

ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted November 13, 2012 **

Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.

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

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). review for abuse of discretion the BIA’s denial of a motion to reconsider or to

reopen,…