Luciano Duran-Arreola v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 20 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT LUCIANO DURAN-ARREOLA, AKA No. 15-73825 Luciano Arreola, Agency No. A202-014-701 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 13, 2018** Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges. Luciano Duran-Arreola, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). discretion the denial of a motion to remand. Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir. 2008). We review de novo claims of due process violations. 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 or violate due process in denying Duran-Arreola’s motion to remand, where he did not show the alleged ineffective assistance of counsel may have affected the outcome of his proceedings. See id. at 793-94 (to demonstrate ineffective assistance of counsel, petitioner must show counsel failed to perform with sufficient competence and that petitioner was prejudiced by counsel’s performance; to show prejudice, petitioner must show counsel’s performance was so inadequate it may have affected the outcome of proceedings). PETITION FOR REVIEW DENIED. 2 15-73825 15-73825 Court of Appeals for the Ninth Circuit ca9 9th Cir. Luciano Duran-Arreola v. Jefferson Sessions 20 March 2018 Agency Unpublished 11dcb3ff00fcd80b2f04803ac2754f32a5a46750

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