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Magallon-Pineda v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 3, 2016
No. 14-72716 (9th Cir. Nov. 3, 2016)

Opinion

No. 14-72716

11-03-2016

MARCO MAGALLON-PINEDA, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A074-578-479 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: LEAVY, SILVERMAN, and GRABER, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Marco Magallon-Pineda, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny the petition for review.

The agency did not abuse its discretion in denying Magallon-Pineda's motion to reopen based on ineffective assistance of counsel, where Magallon-Pineda failed to establish prejudice resulting from his prior attorney's alleged ineffective assistance. See id. at 793 (to prevail on an ineffective assistance of counsel claim, a petitioner must demonstrate that he was prejudiced by counsel's performance).

In light of this disposition, we do not address Magallon-Pineda's remaining contentions.

PETITION FOR REVIEW DENIED.


Summaries of

Magallon-Pineda v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 3, 2016
No. 14-72716 (9th Cir. Nov. 3, 2016)
Case details for

Magallon-Pineda v. Lynch

Case Details

Full title:MARCO MAGALLON-PINEDA, Petitioner, v. LORETTA E. LYNCH, Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Nov 3, 2016

Citations

No. 14-72716 (9th Cir. Nov. 3, 2016)