MARIA GALLEGOS MATIAS V. ERIC HOLDER, JR., No. 12-70182 (9th Cir. 2013)

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FILED MAY 22 2013 NOT FOR PUBLICATION MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARIA SOCORRO GALLEGOS MATIAS; JOSE JIMENEZ MENDOZA, No. 12-70182 Agency Nos. Petitioners, A079-586-738 A079-586-739 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 14, 2013 ** Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges. Maria Socorro Gallegos Matias and Jose Jimenez Mendoza, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals ( BIA ) order denying their motion to reopen removal proceedings based on * 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. 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 due process violations. 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 petitioners motion to reopen where they failed to establish prejudice arising from any alleged ineffective assistance by their former counsel. See id. at 793-94 ( [P]rejudice results when the performance of counsel was so inadequate that it may have affected the outcome of the proceedings. (emphasis in original) (internal quotation marks omitted)). Petitioners contention that the BIA employed an incorrect standard of review is belied by the record. In light of our disposition, we need not address petitioners contention regarding their failure to depart within the voluntary departure period. PETITION FOR REVIEW DENIED. 2 12-70182

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