Hui Fang Zhou v. ERIC H. HOLDER Jr., Attorney General

06-75308Court of Appeals for the Ninth CircuitDec 14, 2009

Full text

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
NHY/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HUI FANG ZHOU,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-75308
Agency No. A079-302-909
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Hui Fang Zhou, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ order dismissing her appeal from an immigration
judge’s decision denying her motion to reopen based on ineffective assistance of
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse
of discretion the denial of a motion to reopen, Mohammed v. Gonzales, 400 F.3d
785, 791-92 (9th Cir. 2005), and we deny the petition for review.
The agency did not abuse its discretion in denying Zhou’s motion to reopen
because Zhou failed to comply with the requirements set forth in Matter of Lozada,
19 I. & N. Dec. 637 (BIA 1988), and the ineffective assistance is not plain on the
face of the record. See Reyes v. Ashcroft, 358 F.3d 592, 597-99 (9th Cir. 2004).
PETITION FOR REVIEW DENIED.

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