Lichuan Ma v. Holder

MEMORANDUM **

Lichuan Ma, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 88 (1992), and de novo claims of due process violations, Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004). We deny the petition for review.

The BIA correctly determined that Ma did not comply with the requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988), because Ma provided insufficient evidence that his prior counsel received notice and an opportunity to respond to the allegations against her. See Reyes v. Ashcroft, 358 F.3d 592, 594 (9th Cir.2004). Moreover, his claim of ineffective assistance of counsel was not plain on the face of the record. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 825-26 (9th Cir.2003) (recognizing substantial compliance with Lozada procedural requirements where…