Tamara Petrosyan v. Merrick Garland

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 22 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT TAMARA PETROSYAN, No. 15-71610 Petitioner, Agency No. A097-857-809 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 17, 2022** Before: S.R. THOMAS, PAEZ, and LEE, Circuit Judges. Tamara Petrosyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, and review de novo questions * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). of law, including due process claims. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We deny the petition for review. The BIA did not abuse its discretion in denying Petrosyan’s motion to reopen based on ineffective assistance of counsel where she failed to show prejudice from the performance of former counsel. See Mohammed v. Gonzales, 400 F.3d 785, 793-94 (9th Cir. 2005) (prejudice shown where counsel’s performance was so inadequate it may have affected the outcome). We reject Petrosyan’s contention that the BIA violated her due process rights. Padilla-Martinez v. Holder, 770 F.3d 825, 830 (9th Cir. 2014) (“To prevail on a due-process claim, a petitioner must demonstrate both a violation of rights and prejudice.”). The temporary stay of removal remains in place until the mandate issues. PETITION FOR REVIEW DENIED. 2 15-71610 15-71610 Court of Appeals for the Ninth Circuit ca9 9th Cir. Tamara Petrosyan v. Merrick Garland 22 August 2022 Agency Unpublished a839758bd17c6807572c5340a3822815b9f86a77

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