Zheng Xiang v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ZHENG XIANG,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-73889
Agency No. A201-190-922
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Zheng Xiang, a native and citizen of China, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal
proceedings. We have 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
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
DEC 19 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-73889
(9th Cir. 2011). We deny the petition for review.
Xiang does not challenge the BIA’s ineffective assistance of counsel
determinations regarding failure to establish insufficient performance and
prejudice, and thus waives any challenge to those dispositive determinations. See
Rizk v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (issues not raised in the
opening brief are waived).
Because the ineffective assistance of counsel determinations are dispositive,
we need not address Xiang’s contentions regarding compliance with the procedural
prerequisites set out in Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988). See
Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004).
PETITION FOR REVIEW DENIED.

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