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Ana Elizabeth VELASCO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2011-03-15No. No. 08-75143
421 F. App'x 744

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Opinion

majority opinion

MEMORANDUM

Ana Elizabeth Velasco, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. 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 Velasco’s motion to reopen for failure to show prejudice. 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.”) (emphasis in original).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.