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362 F. App'x 819

Ramirez-Medrano v. Holder

U.S. Courts of Appeals

Decided January 21, 2010

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U.S. Courts of Appeals · decided 2010-01-21

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Mohammed v. Gonzales · Ortiz v. Immigration & Naturalization Service · Blanco v. Mukasey

Decided 2010-01-21

¶1 MEMORANDUM

¶2 Emeteria J. Ramirez-Medrano, a native and citizen of Mexico, petitions for review *820 of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen based on ineffective assistance of counsel. We have jurisdiction pursuant to 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 in immigration proceedings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

¶3 We agree with the BIA that Ramirez-Medrano failed to show that she was prejudiced by her former counsel’s performance. See Blanco v. Mukasey, 518 F.3d 714, 722 (9th Cir.2008) (no prejudice from counsel’s failure to call a witness because additional testimony would not have likely changed the outcome); see also Ortiz v. INS, 179 F.3d 1148, 1153-54 (9th Cir.1999) (attorney’s failure to elicit critical testimony regarding petitioner’s asylum claim was insufficient to establish prejudice).

¶4 PETITION FOR REVIEW DENIED.

¶5 This disposition is not appropriate for publication and is not precedent except as provid *820 ed by 9th Cir. R. 36-3.

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