DURAN ARREOLA AKA v. SESSIONS III (2018)

MEMORANDUM **

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 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.