NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 19 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT NIMA GURUNG, No. 16-73497 Petitioner, Agency No. A200-816-692 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 12, 2018** Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges. Nima Gurung, a native and citizen of Nepal, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, and review de novo * 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). questions of law, including claims of due process violations due to ineffective assistance of counsel. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review. The BIA did not abuse its discretion in denying Gurung’s motion to reopen, where Gurung failed to show prejudice resulting from her prior counsel’s alleged ineffective assistance. See id. at 793-94 (to establish prejudice for an ineffective assistance of counsel claim, petitioner must demonstrate that counsel’s performance may have affected the outcome of the proceedings). In so concluding, we do not consider Gurung’s unexhausted contentions that her former counsel failed to seek a continuance, lay an adequate foundation for evidence, or address Gurung’s inconsistencies on redirect. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (“We lack jurisdiction to review legal claims not presented in an alien’s administrative proceedings before the BIA.”). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 16-73497 16-73497 Court of Appeals for the Ninth Circuit ca9 9th Cir. Nima Gurung v. Jefferson Sessions, III 19 September 2018 Agency Unpublished ca171f6300f53e8b49b2be4abd92aaa5c22c3ada
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals