Marvin Martinez Pena v. William Barr

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 9 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

MARVIN GEOVANNY MARTINEZ No. 18-70381 PENA, Agency No. A201-045-323 Petitioner,

v. MEMORANDUM* WILLIAM P. BARR, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted June 2, 2020** Before: LEAVY, PAEZ, and BENNETT, Circuit Judges.

Marvin Geovanny Martinez Pena, a native and citizen of Guatemala, 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

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny the petition for review.

The BIA did not abuse its discretion in declining to reopen based on ineffective assistance of counsel where Martinez Pena did not show prejudice from the untimely filing of his previous motion to reopen. See Ray v. Gonzales, 439 F.3d 582, 587-89 (9th Cir. 2006) (requiring prejudice to demonstrate ineffective assistance of counsel).

In light of this disposition, we need not reach Martinez Pena’s remaining contentions. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies are not required to decide issues unnecessary to the results they reach).

PETITION FOR REVIEW DENIED.

Footnotes

[2] 18-70381