Medina-Perez

MEMORANDUM ***

Norberto Medina-Perez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion, and we review questions of law de novo. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The BIA acted within its discretion in denying the motion to reopen for failure to establish prejudice because Medina-Perez’s contention that a notary’s advice led to the institution of removal proceedings is unavailing. See Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004) (“Removal proceedings do not become constitutionally unfair simply because they are precipitated in part by a [representative’s] advice ... or because the illegal alien might believe that he could avoid detection until eligible for another form of relief.”)

The BIA did not abuse its discretion in concluding that Medina-Perez failed to provide evidence to support his claim that he was able to adjust status based on an *31 employment-based visa. See 8 C.F.R. § 1003.2 (c)(1) (“A motion to…