Opinion
No. 13-71494
06-29-2015
ZHONGGUI CAO, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A099-402-038 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Zhonggui Cao, 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 a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we review de novo questions of law, including claims of due process violations due to ineffective assistance, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.
The BIA did not abuse its discretion in denying Cao's motion to reopen for failure to establish prejudice from his former attorney. See Iturribarria, 321 F.3d at 903 (BIA did not abuse its discretion in concluding that petitioner did not qualify for relief in question); see also Jiang v. Holder, 611 F.3d 1086, 1093-94 (9th Cir. 2010) (spouse of victim of forced abortion not per se eligible for refugee status); He v. Holder, 749 F.3d 792, 795-96 (9th Cir. 2014) (record did not compel finding petitioner engaged in resistance to China's one-child policy or suffered persecution). We reject Cao's contention that the BIA required him to publicly oppose China's birth control policy to establish his resistance to it.
PETITION FOR REVIEW DENIED.