
    Juan Enriquez GARCIA, a.k.a. Juan Gabriel Garcia, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 11-70128.
    United States Court of Appeals, Ninth Circuit.
    Submitted Nov. 13, 2012.
    
    Filed Nov. 19, 2012.
    Andrew Michael Knapp, Esquire, Ci-fuentes Knapp & Associates, Thomas J. Tarigo, Esquire, Law Offices of Thomas J. Tarigo, Los Angeles, CA, for Petitioner.
    OIL, Manuel Palau, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.
    Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Juan Enriquez Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing an immigration judge’s denial of his motion to reopen alleging ineffective assistance of counsel. 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 due process claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The agency did not abuse its discretion in denying Garcia’s motion to reopen on the ground that his prior counsel’s decision to withdraw Garcia’s applications for relief and accept voluntary departure constituted a tactical decision. See Magallanes-Damian v. INS, 783 F.2d 931, 934 (9th Cir.1986) (concluding that attorney’s tactical decision did not constitute ineffective assistance of counsel).

PETITION FOR DENIED. 
      
      
         This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     