Shang Zhe Piao 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NOT FOR PUBLICATION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
SHANG ZHE PIAO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-70568
Agency No. A098-660-735
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 17, 2012**
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Shang Zhe Piao, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
removal proceedings based on ineffective assistance of counsel. We have
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of
FILED
JUL 24 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-70568 2
a motion to reopen, and review de novo claims of due process violations.
Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We deny the petition for
review.
The BIA did not abuse its discretion in denying Piao’s motion to reopen on
the ground that he presented insufficient evidence to establish prejudice resulting
from the alleged errors of his former counsel. See id at 900-02 (requiring prejudice
to prevail on an ineffective assistance claim).
In light of our disposition, we need not address Piao’s remaining contention
that the BIA erred in requiring him to comply with Matter of Lozada, 19 I. & N.
Dec. 637 (BIA 1988).
PETITION FOR REVIEW DENIED.

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