Background
Petitioners Julio Duran-Cueller and his family, natives and citizens of El Salvador, filed a pro se petition for review of a Board of Immigration Appeals order. The Board had denied their motion to reopen removal proceedings, citing ineffective assistance of counsel. The petitioners also sought a stay of removal.
The court’s reasoning
The court reviewed the denial of the motion to reopen for abuse of discretion and constitutional claims de novo. It held that the Board did not abuse its discretion or violate due process because the petitioners failed to show prejudice from the performance of their former counsel. The court noted that prejudice requires showing that the outcome of the proceeding may have been affected by the alleged violation. The petitioners did not challenge the denial of their motion to reconsider or request for sua sponte reopening, so those issues were not addressed.
What it means going forward
The petition for review is denied, and the motion to stay removal is denied, leaving the Board of Immigration Appeals’ order denying the motion to reopen in effect.