Hilda Juan Martinez v. Eric H. Holder Jr., No. 08-71550 (9th Cir. 2010)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT SEP 01 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS HILDA JUAN MARTINEZ, Petitioner, No. 08-71550 Agency No. A096-339-714 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 10, 2010 ** Before: LEAVY, HAWKINS, and IKUTA, Circuit Judges . Hilda Juan Martinez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals ( BIA ) order denying her motion to reopen removal proceedings based on ineffective assistance of counsel. We have * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, and review de novo constitutional questions, including claims of ineffective assistance of counsel. Mohammed v. Gonzales, 400 F.3d 785, 79192 (9th Cir. 2005). We deny the petition for review. The BIA did not abuse its discretion in denying Martinez s motion to reopen because she failed to establish that her former attorney s alleged ineffective assistance resulted in prejudice. See id. at 793-94 (to prevail on an ineffective assistance of counsel claim, a petitioner must demonstrate prejudice). PETITION FOR REVIEW DENIED. 2 08-71550

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