Fengting Li v. Loretta E. Lynch

MEMORANDUM

Fengting Li, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and review de novo constitutional claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying as untimely Li’s motion to reopen, where he filed the motion over five years after his order of removal became final, see 8 C.F.R. § 1003.2 (c)(2), and failed to establish that, any statutory or regulatory exception applies, see 8 C.F.R. § 1003.2 (c)(3) (setting forth exceptions to the filing deadline for motions to reopen).

The BIA did not abuse its discretion in denying Li’s motion to reopen based on ineffective assistance of counsel, where Li failed to demonstrate prior counsel’s allegedly ineffective assistance prejudiced him. See Iturribarria v. INS, 321 F.3d 889, 897-98 (9th Cir.2003).

Accordingly, Li’s claim that his right to due process was violated when he was not provided…