Oscar Sanchez Hernandez v. Eric Holder, Jr.

MEMORANDUM

Oscar Arturo Sanchez Hernandez and Alma Rosa Lara Batres, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their 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, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying petitioners’ motion to reopen based on ineffective assistance of counsel where petitioners failed to establish prejudice. See id. at 793-94 (prejudice results when the alleged deficient conduct “may have affected the outcome of the proceedings” (internal quotation marks omitted)).

We lack jurisdiction to review the BIA’s discretionary decision declining to exercise its sua sponte authority under 8 C.F.R. § 1003.2 (a). See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011).

Petitioners’ remaining contentions are unavailing, or not supported by the record.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

This disposition is not appropriate for publication and is not…