
    Oscar Mendiola NAVARRO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 09-72293.
    United States Court of Appeals, Ninth Circuit.
    Submitted April 5, 2011.
    
    Filed April 15, 2011.
    Philippe Dwelshauvers, Esquire, Fresno, CA, for Petitioner.
    Siu P. Wong, Esquire, Trial, Gregory Darrell Mack, Esquire, Senior Litigation Counsel, DOJ — U.S. Department of Justice, Washington, DC, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.
    Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Oscar Mendiola Navarro, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen based on 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 constitutional claims. 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 in denying Mendiola Navarro’s motion because he presented insufficient evidence to establish prejudice. See id. at 793-94 (petitioner must demonstrate prejudice to prevail on an ineffective assistance of counsel claim).

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