Opinion
No. 10-72497 Agency No. A095-618-096
10-15-2012
MOUSTAFA EL SAYED HARIDY, 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NOT FOR PUBLICATION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: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Moustafa El Sayed Haridy, a native of Saudi Arabia and citizen of Egypt, 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 a motion to reopen, and review de novo due process claims. 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 Haridy's motion to reopen because he failed to show that he was prejudiced by his former counsel's conduct. See id. at 793-94 (prejudice results when "the performance of counsel was so inadequate that it may have affected the outcome of the proceedings" (internal quotation marks omitted)).
PETITION FOR REVIEW DENIED.