Dongwen Lin v. Eric H. Holder Jr. ( 2010 )

FILED
NOT FOR PUBLICATION OCT 26 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DONGWEN LIN, No. 08-72175
Petitioner, Agency No. A097-359-953
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
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.
*
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).
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.
2 08-72175