Victor Guerra Bautista v. Eric Holder, Jr. , 444 F. App'x 998 ( 2011 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                            JUL 25 2011
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                      U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    VICTOR OSWALDO GUERRA                            No. 10-70654
    BAUTISTA,
    Agency No. A095-184-895
    Petitioner,
    v.                                             MEMORANDUM *
    ERIC H. HOLDER, Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted July 12, 2011 **
    Before:        SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
    Victor Oswaldo Guerra Bautista, a native and citizen of Guatemala, petitions
    for review of the Board of Immigration Appeals’ (“BIA”) order denying his
    motion to reopen proceedings based on ineffective assistance of counsel. We have
    jurisdiction under 
    8 U.S.C. § 1252
    . We review for abuse of discretion the denial of
    *
    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).
    a motion to reopen, and we review de novo questions of law, including claims of
    ineffective assistance of counsel. Hernandez v. Mukasey, 
    524 F.3d 1014
    , 1017
    (9th Cir. 2008). We deny the petition for review.
    The BIA did not abuse its discretion in denying Guerra Bautista’s motion to
    reopen on the ground that he failed to show he was prejudiced by his former
    counsel’s conduct. See Iturribarria v. INS, 
    321 F.3d 889
    , 899-90 (9th Cir. 2003)
    (prejudice results when the performance of counsel “was so inadequate that it may
    have affected the outcome of the proceedings”) (internal quotation marks omitted).
    Guerra Bautista’s contention that an immigration consultant provided him
    with ineffective assistance of counsel is foreclosed. See Hernandez, 
    524 F.3d at 1020
     (knowing reliance upon the advice of a non-attorney cannot support a claim
    for ineffective assistance of counsel in a removal proceeding).
    PETITION FOR REVIEW DENIED.
    2                                   10-70654
    

Document Info

Docket Number: 10-70654

Citation Numbers: 444 F. App'x 998

Judges: Alarcon, Leavy, Schroeder

Filed Date: 7/25/2011

Precedential Status: Non-Precedential

Modified Date: 8/3/2023