Artush Gukasyan, a.k.a. Arthush Gukasyan v. ERIC H. HOLDER, Jr., Attorney General

09-73257Court of Appeals for the Ninth CircuitMar 21, 2013

Full text

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NOT FOR PUBLICATION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
ARTUSH GUKASYAN, a.k.a. Arthush
Gukasyan,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
Nos. 09-73257
10-70493
Agency No. A071-160-573
MEMORANDUM*
On Petitions for Review of Orders of the
Board of Immigration Appeals
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
In these consolidated petitions for review, Artush Gukasyan, a native of Iran
and citizen of Armenia, seeks review of the Board of Immigration Appeals’
(“BIA”) orders denying his motions to reopen removal proceedings based on
ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We
FILED
MAR 21 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-73257/10-70493 2
review for abuse of discretion the denial of a motion to reopen, and review de novo
due process claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.
2005). We deny the petitions for review.
The BIA did not abuse its discretion in denying Gukasyan’s second and third
motions to reopen where he failed to establish he was prejudiced by his former
counsels’ alleged ineffective assistance. See id. at 793-94 (to demonstrate
prejudice, alien must establish that counsel’s performance may have affected the
outcome of proceedings).
PETITIONS FOR REVIEW DENIED.

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