Xiuying Zheng v. Eric Holder, Jr.

Good Law
538 F. App'x 756
United States Court of Appeals for the Ninth CircuitAugust 16, 201312-71124California408 words

Opinion

Opinion

MEMORANDUM

Xiuying Zheng, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to remand and dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to remand, Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005), and review for substantial evidence factual findings, id. at 1097 . We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Zheng’s motion to remand based on ineffective assistance of counsel where Zheng failed to comply with the requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), and the alleged ineffectiveness is not plain from the record. See Reyes v. Ashcroft, 358 F.3d 592, 597 (9th Cir.2004). We lack jurisdiction to review Zheng’s unexhausted claim that the IJ erred in not granting her attorney’s motion to withdraw. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

Zheng…

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