Sergio Olea Reynoso, et al v. Eric H. Holder Jr., No. 08-73021 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 23 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SERGIO OLEA REYNOSO; AURORA GONZALEZ SANCHEZ, No. 08-73021 Agency Nos. A095-446-783 A095-446-784 Petitioners, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 16, 2010 ** Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges. Sergio Olea Reynoso and Aurora Gonzalez Sanchez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals ( BIA ) order denying their motion to reopen proceedings due to ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse 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). discretion the denial of a motion to reopen, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), and we deny the petition for review. The BIA acted within its discretion in denying petitioners motion to reopen because petitioners did not establish that their former counsel failed to perform with sufficient competence. See Mohammed, 400 F.3d at 793. The motion to withdraw as attorney of record is granted. The Clerk shall amend the docket to reflect that petitioners are appearing pro se, and their address is 1016 S. Exmoor Ave., Compton, CA 90220. PETITION FOR REVIEW DENIED. 2 08-73021

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