ATM MAGFOOR RAHMAN SARKAR v. HOLDER, 09-74106 (9th Cir. 7-21-2011)

Atm Magfoor Rahman Sarkar and his family, natives and citizens of Bangladesh, petition for review of the Board of Immigration Appeals' ("BIA") order denying their motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law and 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 by denying petitioners' motion to reopen because they presented insufficient evidence to establish prejudice from the alleged ineffective assistance of their former counsel. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir. 2003) (presumption of prejudice rebutted where petitioner has not demonstrated plausible grounds of relief).

PETITION FOR REVIEW DENIED.