Maria Rojas De Gallardo v. Eric Holder, Jr. , 441 F. App'x 433 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 29 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARIA GUADALUPE ROJAS DE No. 09-73792
GALLARDO,
Agency No. A047-253-142
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Maria Guadalupe Rojas De Gallardo, a native and citizen of Mexico,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying
her motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252. We
review for abuse of discretion the denial of a motion to reconsider, and review de
*
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).
novo claims of due process violations. Mohammed v. Gonzales, 400 F.3d 785,
791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Rojas De Gallardo’s motion
to reconsider because the motion failed to identify any error of fact or law in the
BIA’s prior decision dismissing her appeal. See 8 C.F.R. § 1003.2(b)(1); Socop-
Gonzalez v. INS, 272 F.3d 1176, 1180 n.2 (9th Cir. 2001) (en banc).
We agree with the BIA that Rojas De Gallardo’s ineffective assistance of
counsel claim against her former counsel is unavailing because she failed to
establish prejudice. See Mohammed, 400 F.3d at 793.
We lack jurisdiction to review Rojas De Gallardo’s ineffective assistance of
counsel claim against her current counsel because she failed to raise that issue
before the agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (this
court lacks jurisdiction to review contentions not raised before the agency).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 09-73792