Dengyi Chen v. Eric H. Holder Jr.

MEMORANDUM

Dengyi Chen, a native and citizen of China, petitions for review of a decision of the Board of Immigration Appeals affirming an immigration judge’s denial of her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

Substantial evidence supports the Board’s adverse credibility determination based on material inconsistencies between Chen’s asylum declaration and her hearing testimony, particularly as to her purported loss of consciousness. The immigration judge and the Board provided “specific cogent reason[s]” for the adverse credibility finding, and Chen has failed to demonstrate that “any reasonable factfinder would necessarily conclude that [she] is eligible for relief from deportation.” Chebchoub v. INS, 257 F.3d 1038, 1042-43 (9th Cir .2001).

Chen claims that counsel at her removal hearing provided ineffective assistance. Chen has not raised the issue before the Board, see Martinez-Zelaya v. INS, 841 F.2d 294, 296 (9th Cir.1988), nor has she complied with the procedural requirements established by the Board in Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988). Counsel’s alleged ineffective assistance is not…