United States Ninth Circuit
Martinez-Hernandez v. Holder, 11-70492
Petition for review of a decision of the Board of Immigration Appeals (BIA) denying petitioner's motion to reopen on the basis of ineffective assistance of counsel is denied, where: 1) the BIA did not abuse its discretion by rejecting petitioner's argument that his counsel was ineffective for failure to seek cancellation of removal, because petitioner failed to make the necessary showing that his claim for cancellation was plausible; and 2) without such a threshold showing, a court cannot conclude that counsel's inadequacies "may have affected the outcome of the proceedings."
Appellate Information
- Decided 02/24/2015
- Published 02/24/2015
Judges
Court
- United States Ninth Circuit