RODRIGUEZ AKA v. SESSIONS III (2018)

MEMORANDUM **

Luis Ricardo Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. 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 in denying Rodriguez’s motion to reopen based on ineffective assistance of counsel for failure to establish prejudice, where he did not show that the evidence submitted with the motion, including the declaration of Rodriguez’s fiancé, may have affected the agency’s hardship determination. See Mohammed, 400 F.3d 785, 793-94 (9th Cir. 2005) (to prevail on an ineffective assistance of counsel claim, a petitioner must demonstrate that counsel’s performance may have affected the outcome of the proceedings); 8 U.S.C. § 1229b(b)(1)(D).

Because Rodriguez’s failure to show prejudice is dispositive, we do not reach his remaining contentions regarding his former attorney’s performance, or compliance with Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988). See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004).

PETITION FOR REVIEW DENIED.