Opinion
No. 10-73313 Agency No. A075-709-088 Agency No. A075-709-089 Agency No. A075-709-090
09-17-2012
BLAS CASTILLO-TAPIA; et al., Petitioners, 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NOT FOR PUBLICATION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: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Blas Castillo-Tapia, Maria Del Carmen Lopez, and Eymard Roman Castillo petition pro se for review of the Board of Immigration Appeals' ("BIA") order denying their 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 claims of due process violations. 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 petitioners' motion to reopen on the ground that petitioners failed to establish that the actions of their former representatives may have affected the agency's hardship determination. See id. at 793-94 (a petitioner must establish prejudice to prevail on an ineffective assistance claim).
In light of our disposition, we need not address petitioners' remaining contentions.
PETITION FOR REVIEW DENIED.