Peng
Peng v. Ashcroft
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…