Corona-Contreras

Corona-Contreras v. Holder

Good Law
485 F. App'x 257
United States Court of Appeals for the Ninth CircuitOctober 12, 2012No. 10-73794California270 words

Opinion

Lead Opinion

MEMORANDUM **

Marco Antonio Corona-Contreras, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his motion to remand based on a claim of ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to remand, Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir.2008), and review de novo due process claims based on ineffective assistance of counsel, 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 by denying Corona-Contreras’s motion to remand for failure to show prejudice, where he did not present any evidence that the actions of his former attorney might have affected either his ability to demonstrate eligibility for cancellation of removal before the immigration judge or the viability of his appeal to the BIA. See id. at 793-94 (“[PJrejudice results when the performance of counsel was so inadequate that it may have affected the outcome of the proceedings.” (citation and internal quotation marks omitted)); see also United States v. Ross, 338 F.3d…

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