Vicenta Lopez-Bobadilla v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Vicenta Lopez-Bobadilla, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and review de novo claims of due process violations. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.
The BIA did not abuse its discretion in denying Lopez-Bobadilla’s motion to reopen where she failed to establish prejudice arising from any alleged ineffective assistance by her former representatives. 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.” (emphasis in original) (internal quotation marks omitted)).
Lopez-Bobadilla’s due process claims therefore fail. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error and substantial prejudice to prevail on due process claim).
We reject Lopez-Bobadilla’s remaining contentions.