Zhiqiang Zhou v. Eric H. Holder Jr. ( 2010 )

FILED
NOT FOR PUBLICATION JUL 12 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ZHIQIANG ZHOU, No. 08-71276
Petitioner, Agency No. A096-052-476
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Zhiqiang Zhou, 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. Our jurisdiction is governed by 8 U.S.C.
§ 1252. We review for abuse of discretion the denial of a motion to reopen, and de
*
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).
novo questions of law, including claims of ineffective assistance of counsel.
Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part
and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Zhou’s motion to reopen
because he failed to show he was prejudiced by his counsel’s performance. See
Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir. 2003) (presumption of
prejudice rebutted when petitioner cannot establish plausible grounds for relief).
We lack jurisdiction to consider Zhou’s contentions regarding the BIA’s
August 20, 2007 order, because this petition for review is not timely as to that
order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 08-71276