Dongwen Lin v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DONGWEN LIN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-72175
Agency No. A097-359-953
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Dongwen Lin, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen based
on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252.
FILED
OCT 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-72175 2
We review for abuse of discretion the denial of a motion to reopen, Reyes v.
Ashcroft, 358 F.3d 592, 595 (9th Cir. 2004), and we deny the petition for review.
The BIA did not abuse its discretion in denying Lin’s motion because he
failed to comply with the requirements set forth in Matter of Lozada, 19 I. & N.
Dec. 637, 639 (BIA 1988), because Lin did not include sufficient evidence that he
had informed the attorney of the allegations against him, and the alleged
ineffective assistance is not plain on the face of the record. See Reyes, 358 F.3d at
584, 597-99.
PETITION FOR REVIEW DENIED.

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