Dongwen Lin v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
Dongwen Lin v. Eric H. Holder Jr., 401 F. App'x 188 (9th Cir. 2010)

Dongwen Lin v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Dongwen Lin, a native and citizen of China, 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, Reyes v. Ashcroft, 358 F.3d 592, 595 (9th Cir. 2004), and we deny the petition for review.

The BIA did not abuse its discretion in denying Lin’s motion because he failed to comply with the requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988), because Lin did not include sufficient evidence that he had informed the attorney of the allegations against him, and the alleged ineffective assistance is not plain on the face of the record. See Reyes, 358 F.3d at 594, 597-99.

PETITION FOR REVIEW DENIED.

**

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

Reference

Full Case Name
DONGWEN LIN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished