LETICIA NOVERON DE SALGADO V. ERIC HOLDER, JR., No. 12-73739 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 26 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT LETICIA NOVERON DE SALGADO, Petitioner, No. 12-73739 Agency No. A095-185-200 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 17, 2013** Before: GOODWIN, WALLACE, and GRABER, Circuit Judges. Leticia Noveron De Salgado, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals ( BIA ) order denying her motion to reopen removal proceedings based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. ยง 1252. We review for abuse of discretion the * 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). denial of a motion to reopen, and review de novo questions of law. 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 Noveron De Salgado s motion to reopen where she failed to establish prejudice arising from any alleged ineffective assistance by her 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. ). In light of this disposition, we need not reach Noveron De Salgado s remaining contentions. PETITION FOR REVIEW DENIED. 2 12-73739

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