Peng

Peng v. Ashcroft

Good Law
121 F. App'x 776
United States Court of Appeals for the Ninth CircuitFebruary 15, 2005Nos. 02-74308, 03-71008California488 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner An Na Peng appeals four Board of Immigration Appeals (“BIA”) decisions: (1) its affirmance of the immigration judge’s (“IJ”) decision denying asylum; (2) its denial of her motion to remand based on ineffective assistance of prior counsel; (3) its denial of her motion to remand (treated by the BIA as a motion to reopen) for adjustment of status; and (4) its denial of her motion to reconsider these three decisions. We deny the petition as to the first, second, and fourth claims, and grant it as to the third.

As to claim one, the BIA’s affirmance of the IJ’s decision denying asylum, we deny the petition because the IJ’s decision is supported by substantial evidence. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir. 1995). As to claim two, the BIA’s denial of her motion to remand based on ineffective assistance of counsel, we deny the petition because Petitioner has failed to demonstrate prejudice. Iturribarria v. INS, 321 F.3d 889, 899-900 (9th Cir.2003). And as to claim four, the BIA’s denial of her motion to reconsider, we deny the petition as moot in light of our decision…

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