Carreon

Carreon v. Gonzales

Good Law
229 F. App'x 629
United States Court of Appeals for the Ninth CircuitApril 27, 2007Nos. 04-76065, 05-70460California276 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions, Patricia Carreon and Salvador Carreon seek review of an order of the Board of Immigration Appeals (“BIA”) dismissing their appeal from an immigration judge’s order denying their applications for cancellation of removal and denying their motion to remand, and an order of the BIA denying their motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We deny the petitions for review.

We agree with the BIA’s conclusion that the performance by prior counsel did not result in prejudice to the petitioners. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir.2003) (to prevail in an ineffective assistance of counsel claim, a petitioner must demonstrate prejudice). The BIA therefore did not abuse its discretion in denying the motion to remand.

The BIA did not abuse its discretion by denying petitioners’ motion to reopen, because the BIA considered the evidence they submitted and acted within its broad discretion in determining that the evidence was insufficient to warrant reopening. See id. (The BIA’s denial of a motion to reopen shall be reversed if it is “arbitrary, irrational, or contrary to law.”). To the…

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