Gomez-Villasenor
Gomez-Villasenor v. Mukasey
Opinion
Lead Opinion
MEMORANDUM **
Ofelia Gomez-Villasenor, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her 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 and review de novo ineffective assistance of counsel claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.
We agree with the BIA that Gomez-Villasenor’s ineffective assistance of counsel claim fails because she did not establish that the outcome of her removal proceedings may have been adversely affected by her former counsel’s alleged ineffective assistance, see Iturribarria v. INS, 321 F.3d 889, 902 (9th Cir.2003), or by her notary’s advice to file an asylum application, see Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005).
The BIA did not abuse its discretion by denying Gomez-Villasenor’s motion to reopen, because the BIA considered the evidence Gomez-Villasenor submitted and acted within its broad discretion in determining that the evidence was insufficient to warrant…