Satbir Randhawa v. Eric Holder, Jr., No. 09-72058 (9th Cir. 2011)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT MAR 22 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS SATBIR SINGH RANDHAWA, Petitioner, No. 09-72058 Agency No. A075-020-911 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, LEAVY, and BYBEE, Circuit Judges. Satbir Singh Randhawa, a native and citizen of India, petitions for review of the Board of Immigration Appeals ( BIA ) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, and review de novo claims of * 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). ineffective assistance of counsel. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review. The BIA did not abuse its discretion in denying Randhawa s motion to reopen where he failed to establish that ineffective assistance of counsel may have affected the outcome of his case. See id. at 793-94 (to demonstrate prejudice, alien must establish that counsel s performance may have affected the outcome of proceedings). Randhawa s remaining contentions are unavailing. PETITION FOR REVIEW DENIED. 2 09-72058

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