JUAN GARCIA V. ERIC HOLDER, JR., No. 11-70128 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 19 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JUAN ENRIQUEZ GARCIA, a.k.a. Juan Gabriel Garcia, No. 11-70128 Agency No. A091-743-506 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 13, 2012** Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges. Juan Enriquez Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing an immigration judge s denial of his motion to reopen alleging ineffective assistance of counsel. * 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). We have jurisdiction under 8 U.S.C. ยง 1252. We review for abuse of discretion the denial of a motion to reopen and review de novo due process claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review. The agency did not abuse its discretion in denying Garcia s motion to reopen on the ground that his prior counsel s decision to withdraw Garcia s applications for relief and accept voluntary departure constituted a tactical decision. See Magallanes-Damian v. INS, 783 F.2d 931, 934 (9th Cir. 1986) (concluding that attorney s tactical decision did not constitute ineffective assistance of counsel). PETITION FOR DENIED. 2 11-70128