Zhonggui Cao v. Loretta E. Lynch

MEMORANDUM

Zhonggui Cao, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings 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, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we review de novo questions of law, including claims of due process violations due to ineffective assistance, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Cao’s motion to reopen for failure to establish prejudice from his former attorney. See Iturribarria, 321 F.3d at 903 (BIA did not abuse its discretion in concluding that petitioner did not qualify for relief in question); see also Jiang v. Holder, 611 F.3d 1086, 1093-94 (9th Cir.2010) (spouse of victim of forced abortion not per se eligible for refugee status); He v. Holder, 749 F.3d 792, 795-96 (9th Cir.2014) (record did not compel finding petitioner engaged in resistance to China’s one-child policy or suffered persecution). We reject Cao’s…