
    Claudio Alberto GUTIERREZ, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.
    No. 15-71462
    United States Court of Appeals, Ninth Circuit.
    Submitted January 18, 2017 
    
    Filed January 24, 2017
    Elsa Ines Martinez, Esquire, Attorney, Law Offices of Elsa Martinez, PLC, Los Angeles, CA, for Petitioner
    OIL, Lisa Damiano, Trial Attorney, DOJ—U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent
    Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument, See Fed. R. App. P. 34(a)(2).
    
   MEMORANDUM

Claudio Alberto Gutierrez, a native and citizen of Argentina, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Gutierrez’s motion to reopen on the ground that Gutierrez did not establish prejudice resulting from his prior attorney’s alleged ineffective assistance. See id. at 793 (to prevail on an ineffective assistance of counsel claim, a petitioner must demonstrate that he was prejudiced by counsel’s performance).

We lack jurisdiction to review the BIA’s refusal to reopen proceedings sua sponte. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011); cf. Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016).

PETITION FOR REVIEW DENIED in part; DISMISSED in part. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
     