Wen Huei Cheng, a.k.a. En Hui Zheng v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
WEN HUEI CHENG, a.k.a. En Hui
Zheng,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-73826
Agency No. A095-687-729
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Wen Huei Cheng, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen
removal proceedings based on ineffective assistance of counsel. We have
FILED
JAN 23 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).
11-73826

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jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of
a motion to reopen. Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir. 2011). We
deny the petition for review.
The BIA did not abuse its discretion in denying Cheng’s motion to reopen
alleging ineffective assistance of counsel where she failed to comply with the
threshold requirements of Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), and
the alleged ineffective assistance was not plain on the face of the administrative
record. See Reyes v. Ashcroft, 358 F.3d 592, 596-99 (9th Cir. 2004).
In light of this disposition, we do not reach Cheng’s remaining contentions.
PETITION FOR REVIEW DENIED.
11-73826 2

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