Patrick Levilain v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
PATRICK LEVILAIN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73115
Agency No. A014-520-652
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 10, 2012**
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Patrick Levilain, a native and citizen of Canada, petitions pro se for review
of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand
and dismissing his appeal from an immigration judge’s removal order. We have
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of
FILED
SEP 18 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-73115 2
a motion to remand, Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir. 2005),
and review de novo questions of law, 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 by denying Levilain’s motion to reopen
based on ineffective assistance of counsel for failure to establish prejudice where
Levilain’s aggravated felony conviction renders him statutorily ineligible for
cancellation of removal. See 8 U.S.C. § 1229b(a)(3); Mohammed, 400 F.3d at 793-
94 (to prevail on an ineffective assistance of counsel claim, petitioner must show
that counsel’s actions may have affected the outcome of the proceedings).
Levilain’s claim to derivative United States citizenship fails because the
record evidence belies any such claim.
PETITION FOR REVIEW DENIED.

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