Armando Barragan-Garfias v. Eric Holder, Jr. , 476 F. App'x 141 ( 2012 )

FILED
NOT FOR PUBLICATION AUG 16 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ARMANDO BARRAGAN-GARFIAS, No. 10-73869
Petitioner, Agency No. A088-197-178
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 8, 2012 **
Before: ALARCÓN, BERZON, and IKUTA, Circuit Judges.
Armando Barragan-Garfias, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen. 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 due process claims.
*
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).
Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We deny the petition for
review.
The BIA did not abuse its discretion in denying Barragan-Garfias’ motion to
reopen on the ground that he did not demonstrate prejudice from the alleged
ineffective assistance of his former counsel. Iturribarria, 321 F.3d at 899-90.
Barragan-Garfias failed to establish prima facie eligibility for asylum, withholding
of removal, or protection under the Convention Against Torture. See Ordonez v.
INS, 345 F.3d 777, 785 (9th Cir. 2003) (a motion to reopen will not be granted
unless the respondent establishes a case of prima facie eligibility for the underlying
relief sought.)
PETITION FOR REVIEW DENIED.
Judge Berzon:
I would instruct, prior to issuing a decision on the merits, that the parties
confer with the Ninth Circuit Mediation Office regarding whether they wish to
engage in mediation.
2 10-73869