Opinion
No. 12-70667 Agency No. A070-958-440
02-13-2013
WILLMAN ALEXANDER PORTILLO, a.k.a. William Alexander Portillo, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Willman Alexander Portillo, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, and review de novo questions of law. 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 Portillo's motion to reopen where he failed to show that his former counsel's alleged ineffective assistance prejudiced his case. See id. at 793-94 (prejudice results when counsel's actions may have affected the outcome of the proceedings).
Portillo's claim regarding the withdrawal of his request for voluntary departure without his consent is not supported by the record.
PETITION FOR REVIEW DENIED.