Marc Tilet, et al v. Eric Holder, Jr., No. 09-71004 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 29 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARC HENRI TILET; ALINE GEORGENS, No. 09-71004 Agency Nos. A077-844-742 A077-844-743 Petitioners, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 8, 2011 ** Before: FARRIS, O SCANNLAIN, and BYBEE, Circuit Judges. Marc Henri Tilet, a native and citizen of France, and Aline Georgens, a native of Algeria and citizen of France, petitions for review of the Board of Immigration Appeals ( BIA ) order denying their motion to reopen based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We * 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). review for abuse of discretion the denial of a motion to reopen, and review de novo claims of ineffective assistance of counsel, Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir. 2005), and we deny the petition for review. The BIA did not abuse its discretion in denying petitioners motion to reopen because they presented insufficient evidence to establish prejudice. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir. 2003) (to prevail on an ineffective assistance of counsel claim a petitioner must demonstrate prejudice). To the extent petitioners challenge the BIA s August 6, 2008, order, we lack jurisdiction because this petition for review is not timely as to that order. See 8 U.S.C. §1252(b)(1); Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003). PETITION FOR REVIEW DENIED. 2 09-71004

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