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372 F. App'x 818

Singh v. Holder

U.S. Courts of Appeals

Decided March 31, 2010

U.S. Courts of Appeals · decided 2010-03-31

Cited by 1 later decisions (1 by the Supreme Court) — most recently December 2010

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

Relies on Mohammed v. Gonzales · Rojas-Garcia v. Ashcroft

Good law ✅— No negative treatment on recordhow we know

Decided 2010-03-31

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¶1 MEMORANDUM

¶2 In these consolidated petitions for review, Joginder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders denying his motion to reopen and his motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen or reconsider and review de novo due process claims based on ineffec *819 tive assistance of counsel. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petitions for review.

¶3 The BIA did not abuse its discretion in denying Singh’s motion to reopen because he failed to establish prejudice. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir.2003) (to prevail on an ineffective assistance of counsel claim, petitioner must demonstrate prejudice).

¶4 The BIA acted within its discretion when it denied Singh’s motion to reconsider because the motion failed to identify any error of fact or law in the BIA’s August 21, 2007, decision denying reopening. See 8 C.F.R. § 1003.2(b)(1).

¶5 PETITIONS FOR REVIEW DENIED.

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

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