Opinion
No. 12-70736 Agency No. A094-288-672
2013-10-02
INES ADALID FONSECA LOGOS, 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NOT FOR PUBLICATION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, N.R. SMITH, and CHRISTEN, Circuit Judges.
Ines Adalid Fonseca Logos, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen removal proceedings to pursue cancellation of removal. 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 Fonseca Logos's motion to reopen to pursue cancellation of removal where he failed to establish prejudice arising from the alleged ineffective assistance by his former counsel. See id. at 793-94.
Fonseca Logos's contention that the BIA applied the wrong standard fails. See Ray v. Gonzales, 439 F.3d 582, 587 (9th Cir. 2006).
We also reject Fonseca Logo's arguments that the BIA failed to adequately consider, weigh, and address the evidence he submitted. See Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010).
PETITION FOR REVIEW DENIED.