Ching Chun Chen v. Attorney General of the United States

1
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 04-2328
CHING CHUN CHEN,
Petitioner
v.
*Attorney General of the United States,
Respondent
*(Pursuant to F.R.A.P. 43(c))
____________
ON REVIEW FROM AN ORDER OF THE
BOARD OF IMMIGRATION APPEALS
DATED APRIL 15, 2004
(BIA No. A77-354-019)
____________
Submitted Under Third Circuit L.A.R. 34.1(a)
July 15, 2005
Before: SLOVITER, McKEE and WEIS, Circuit Judges.
(Filed: July 19, 2005)
____________
OPINION
WEIS, Circuit Judge.
Petitioner, a Chinese national, applied for asylum, withholding of removal
and protection under the Convention Against Torture. At a hearing before an

-- 1 of 2 --

2
Immigration Judge (IJ), he discussed his assistance to the Falun Gong and his alleged
persecution. The IJ found the testimony lacking in credibility.
Petitioner appealed to the BIA, but when he failed to timely file a brief, the
Board dismissed the appeal. Petitioner asked for reopening based on ineffective
assistance of counsel. The BIA denied the motion citing Matter of Lozada, 19 I&N Dec.
637 (BIA 1988).
We have examined the petitioner’s contentions and find that they are
lacking in merit. In Lu v. Ashcroft, 259 F.3d 127 (3d Cir. 2001), we reviewed the Lozada
requirements for establishing ineffective assistance of counsel and found the standards to
be reasonable.
Petitioner has failed to meet the burden established in Lu. Accordingly, the
Petition for Review will be denied.

-- 2 of 2 --