Francisco Romero-Negrete v. Loretta E. Lynch , 631 F. App'x 486 ( 2016 )

FILED
NOT FOR PUBLICATION JAN 27 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FRANCISCO ROMERO-NEGRETE, No. 13-74435
Petitioner, Agency No. A095-766-813
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Francisco Romero-Negrete, 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, Serrano v. Gonzales, 469 F.3d 1317,
*
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).
1318 (9th Cir. 2006), and we review de novo claims of ineffective assistance of
counsel, 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 Romero-Negrete’s motion to
reopen on the basis of ineffective assistance of counsel. Romero-Negrete did not
establish prejudice for the alleged ineffective assistance because he can not show
plausible grounds for the relief he seeks. See Mohammed, 400 F.3d at 793 (to
prevail on a claim of ineffective assistance of counsel, petitioner must demonstrate
that counsel failed to perform with sufficient competence and that petitioner was
prejudiced by that performance); Serrano, 469 F.3d at 1319 (to show prejudice, an
alien must show plausible grounds for relief).
Respondent’s motion to terminate the stay of proceedings is denied as
unnecessary.
PETITION FOR REVIEW DENIED.
2 13-74435