Marco Magallon-Pineda v. Loretta E. Lynch , 670 F. App'x 520 ( 2016 )

FILED
NOT FOR PUBLICATION NOV 03 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARCO MAGALLON-PINEDA, No. 14-72716
Petitioner, Agency No. A074-578-479
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 25, 2016**
Before: LEAVY, SILVERMAN, and GRABER, Circuit Judges.
Marco Magallon-Pineda, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s order denying his motion to reopen removal proceedings. We
have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 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. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.
2005). We deny the petition for review.
The agency did not abuse its discretion in denying Magallon-Pineda’s
motion to reopen based on ineffective assistance of counsel, where Magallon-
Pineda failed to establish prejudice resulting from his prior attorney’s alleged
ineffective assistance. See id. at 793 (to prevail on an ineffective assistance of
counsel claim, a petitioner must demonstrate that he was prejudiced by counsel’s
performance).
In light of this disposition, we do not address Magallon-Pineda’s remaining
contentions.
PETITION FOR REVIEW DENIED.
2 14-72716