Ramirez-Medrano v. Holder , 362 F. App'x 819 ( 2010 )

FILED
NOT FOR PUBLICATION JAN 21 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
EMETERIA J. RAMIREZ-MEDRANO, No. 07-70884
Petitioner, Agency No. A090-793-537
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Emeteria J. Ramirez-Medrano, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen based on ineffective assistance of counsel. We have jurisdiction pursuant
*
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).
KS/Research
to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
reopen, and review de novo claims of due process violations in immigration
proceedings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We
deny the petition for review.
We agree with the BIA that Ramirez-Medrano failed to show that she was
prejudiced by her former counsel’s performance. See Blanco v. Mukasey, 518 F.3d
714, 722 (9th Cir. 2008) (no prejudice from counsel’s failure to call a witness
because additional testimony would not have likely changed the outcome); see also
Ortiz v. INS, 179 F.3d 1148, 1153-54 (9th Cir. 1999) (attorney’s failure to elicit
critical testimony regarding petitioner’s asylum claim was insufficient to establish
prejudice).
PETITION FOR REVIEW DENIED.
KS/Research 2 07-70884