Roehl Bernardino v. Eric Holder, Jr., No. 09-72105 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 15 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ROEHL HENSON BERNARDINO, Petitioner, No. 09-72105 Agency No. A072-442-940 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 5, 2011 ** Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges. Roehl Henson Bernardino, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals order summarily affirming an immigration judge s ( IJ ) denial of his motion to reopen based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for * 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). abuse of discretion the denial of a motion to reopen, and review de novo constitutional claims, including ineffective assistance of counsel claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review. The IJ did not abuse her discretion in denying Bernardino s motion to reopen on the ground that he failed to show he was prejudiced by his former counsel s conduct. See Iturribarria v. INS, 321 F.3d 889, 899-90 (9th Cir. 2003) (prejudice results when the performance of counsel was so inadequate that it may have affected the outcome of the proceedings ) (internal quotation marks omitted). PETITION FOR REVIEW DENIED. 2 09-72105

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