Xuan Li Zheng v. Ashcroft

MEMORANDUM **

Xuan Li Zheng (“Zheng”), a native and citizen of China, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) denying her motion to reopen as untimely pursuant to 8 C.F.R. § 3.2 (c)(2). Zheng has been represented by four different attorneys at each stage of the proceedings. Zheng’s main allegation appears to be that the alleged ineffective assistance of her second attorney resulted in a series of missteps that caused the motion to reopen to be filed late. Zheng also attempts to bring up her underlying asylum claim based on her parents selling her into forced marriage (which was before the IJ) as well as a claim under the United Nations Convention Against Torture (“Torture Convention”) (which was never adjudicated on the merits due to untimely filings). However, the only issue raised by the BIA’s denial of Zheng’s motion to reopen is the untimeliness of that motion, which was undisputably late and does not qualify for any exceptions. Therefore, we do not have jurisdiction to consider the actual merits of the underlying asylum claim or her request for relief under the Torture Convention, as they were not decided by the BIA in denying the…