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No. 8630640
United States Court of Appeals for the Ninth Circuit
Morales Tobar v. Gonzales
No. 8630640 · Decided April 25, 2007
No. 8630640·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
April 25, 2007
Citation
No. 8630640
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Yolanda Marina Morales Tobar, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen proceedings 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. See Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review. We agree with the BIA’s conclusion that the performance by prior counsel did not result in prejudice to Morales Tobar, and thus her claim of ineffective assistance of counsel fails. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir.2003) (to prevail on an ineffective assistance of counsel claim, a petitioner must demonstrate prejudice). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Yolanda Marina Morales Tobar, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen proceedings based on ineffective assistance of counsel.
Key Points
01MEMORANDUM ** Yolanda Marina Morales Tobar, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen proceedings based on ineffective assistance of counsel.
02We review for abuse of discretion the denial of a motion to reopen.
03We agree with the BIA’s conclusion that the performance by prior counsel did not result in prejudice to Morales Tobar, and thus her claim of ineffective assistance of counsel fails.
04Ashcroft, 339 F.3d 814, 826 (9th Cir.2003) (to prevail on an ineffective assistance of counsel claim, a petitioner must demonstrate prejudice).
Frequently Asked Questions
MEMORANDUM ** Yolanda Marina Morales Tobar, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen proceedings based on ineffective assistance of counsel.
FlawCheck shows no negative treatment for Morales Tobar v. Gonzales in the current circuit citation data.
This case was decided on April 25, 2007.
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