Yan Tu Zhao v. Gonzales
Opinion of the Court
SUMMARY ORDER
UPON DUE CONSIDERATION of this petition for review of the Board of Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED.
Yan Tu Zhao, through counsel, petitions for'review of the BIA’s denial of his motion to reopen removal proceedings. We assume the parties’ familiarity with the underlying facts and procedural history.
When moving to reopen removal proceedings based on a claim of ineffective assistance of counsel, strict adherence to In re Lozada, 19 I. & N. Dec. 637, 1988 WL 235454 (BIA 1988), is not always required. However, we have held that petitioners who seek to reopen based on ineffective counsel must still “comply substantially” with In re Lozada’s procedural requirements. See Jian Yun Zheng v. U.S. Dep’t of Justice, 409 F.3d 43, 47 (2d Cir. 2005). Two of those requirements are to (1) establish that former counsel has been informed of the allegations of ineffective counsel and given an opportunity to respond and (2) that a complaint with the appropriate disciplinary authorities had been filed, and if not,
For the foregoing reasons, the petition for review is DENIED. Having completed our review, any stay of removal that the Court previously granted in this petition is VACATED, and any pending motion for a stay of removal in this petition is DENIED. Any pending request for oral argument is DENIED in accordance with Federal Rule of Appellate Procedure 34(a)(2) and Second Circuit Local Rule 34(d)(1).
Reference
- Full Case Name
- YAN TU ZHAO v. Alberto R. GONZALES
- Status
- Published