Luz Espinoza Mosqueda v. Eric Holder, Jr., No. 09-71424 (9th Cir. 2011)

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FILED MAR 29 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT LUZ MARIA ESPINOZA MOSQUEDA, Petitioner, No. 09-71424 Agency No. A095-193-873 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. Luz Maria Espinoza Mosqueda, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order denying her motion to reopen removal proceedings due to 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. Reviewing for abuse of discretion, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), we deny the petition for review. The BIA did not abuse its discretion by denying Espinoza Mosqueda s motion to reopen on the ground that she failed to establish prejudice from the alleged ineffective assistance. See id. at 899-900 (prejudice results when the performance of counsel was so inadequate that it may have affected the outcome of the proceedings ) (internal quotation marks and citation omitted). In light of our disposition, we do not address Espinoza Mosqueda s remaining contentions. PETITION FOR REVIEW DENIED. 2 09-71424

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