Rovere-Bianco
Rovere-Bianco v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Diego Rovere-Bianco and Carolina de los Angeles Salios de Alba, husband and wife, petition for review of the denial by the Board of Immigration Appeals (“BIA”) of their motion to reopen their immigration proceedings, alleging ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 (b), and we deny the petition.
We review the denial of the motion to reopen for an abuse of discretion. See Ray v. Gonzales, 439 F.3d 582, 586 (9th Cir.2006). Aliens in deportation proceed *639 ings have a due process right to counsel of their own choice, which includes a right to competent representation. See id. at 587 . This applies to a nonlawyer posing as an attorney. See Lopez v. INS, 184 F.3d 1097, 1100 (9th Cir.1999). To prevail, Rovere-Bianco and Salios de Alba must show that their counsel’s deficient performance prejudiced them, that is, that they had a plausible ground for relief based on the record before the BIA. See Ray, 439 F.3d at 587 .
The record did not demonstrate a plausible ground for relief. In their application, Rovere-Bianco and Salios de Alba stated that they requested asylum for economic reasons. This is not a ground for relief under the…