Wenqin Sun v. Mukasey

Petitioner Wenqin Sun is a native and citizen of China, and she is also a battered spouse. The Board of Immigration Appeals (“BIA”) affirmed the Immigration Judge’s (“U’s”) denial of asylum, withholding of removal, and relief under the Convention Against Torture, and entered a final order of removal in 2004. Sun did not seek review of that decision and now seeks review of the BIA’s denial, on timeliness grounds, of her motion to reopen removal proceedings on the basis of her successful application to qualify for an adjustment of status under the Violence Against Women Act (“VAWA”), 8 U.S.C. § 1154 . Her motion to reopen was not filed within the year provided for in 8 U.S.C. § 1229a(c)(7)(C)(iv)(III) because of errors of counsel. She seeks review of the BIA’s rulings that: (1) she did not adequately show her first lawyer was ineffective; and (2) she did not act diligently to obtain new counsel after becoming aware of the first lawyer’s omissions. Sun also seeks review of the BIA’s denial of her motion for reconsideration of its previous decision, which the BIA also denied after finding that Sun failed to specify any errors of fact or law that would justify reversing the earlier…