Carrera-Ruiz

MEMORANDUM *

Juan Pablo Carrera-Ruiz, a native and citizen of Guatemala, petitions for review of the BIA’s denial of his motion to reopen deportation proceedings premised on ineffective assistance of counsel. We have jurisdiction over the petition for review pursuant to former INA § 106(a), 8 U.S.C. § 1105a(a) (1996), as modified by the transitional rules of The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). 1 We review the BIA’s denial of the motion to reopen for an abuse of discretion and will reverse the denial of a motion to reopen only if it is “arbitrary, irrational or contrary to law.” Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002), cert. denied, — U.S.-, 123 S.Ct. 2605 , 156 L.Ed.2d 626 (2003). We deny the petition for review.

Petitioner argued in his motion to reopen that counsel was ineffective in two respects: first, in having failed to introduce a birth certificate that contained petitioner’s father’s name; and second, for creating an inconsistency in the record by drafting the asylum application to incorrectly state that petitioner identified his father’s body in Guatemala. To prevail on a due process claim premised on ineffective…