Xu You Zhen v. Holder

MEMORANDUM ***

Xu You Zhen, a native and citizen of China, appeals the Board of Immigration Appeals’ (“BIA”) summary affirmance of the immigration judge’s (“IJ”) order finding her removable and denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Zhen entered the country with a K-l visa so that she could marry a U.S. citizen. The IJ sustained the charge of removability because he found that Zhen had materially misrepresented the nature of her marriage during an interview with an immigration officer. Zhen’s application for asylum' was based on fear of persecution under China’s coercive family planning program. The IJ denied this application because he found that Zhen’s claim was speculative.

Zhen also appeals the BIA’s denial of her motion to reopen her removal proceedings. Zhen claims that ineffective counsel prevented her from presenting a strong case to the IJ. The BIA found that Zhen had not demonstrated that her former counsel’s performance was so inadequate that it prejudiced the outcome of her case.

We have jurisdiction under 8 U.S.C. § 1252 . With respect to Zhen’s petition for review of the IJ’s…