U.S. Court of Appeals for the Ninth Circuit, 2009

Hui Fang Zhou v. Holder

Hui Fang Zhou v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided December 14, 2009 · Alarcón, Tashima, Trott
357 F. App'x 913

Hui Fang Zhou v. Holder

Opinion of the Court

MEMORANDUM **

Hui Fang Zhou, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her motion to reopen based on ineffective assistance of counsel. We have jurisdiction pursuant to 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, 791-92 (9th Cir. 2005), and we deny the petition for review.

The agency did not abuse its discretion in denying Zhou’s motion to reopen because Zhou failed to comply with the requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), and the ineffective assistance is not plain on the face of the record. See Reyes v. Ashcroft, 358 F.3d 592, 597-99 (9th Cir. 2004).

PETITION FOR REVIEW DENIED.

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

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