FILED
NOT FOR PUBLICATION MAR 17 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KE HAN ZHENG, No. 13-71236
Petitioner, Agency No. A076-495-576
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Ke Han Zheng, 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
*
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).
a motion to reopen, Ray v. Gonzales, 439 F.3d 582, 586 (9th Cir. 2006), and we
deny the petition for review.
The BIA did not abuse its discretion in denying Zheng’s motion to reopen
for failure to establish prejudice from his former attorneys. See Rojas-Garcia v.
Ashcroft, 339 F.3d 814, 826 (9th Cir. 2003) (requiring prejudice to state valid
claim of ineffective assistance of counsel). Although Zheng alleges former counsel
deprived him of an opportunity to challenge the agency’s denial of his applications
for relief before this court, and then failed to raise an ineffective assistance claim,
he has failed to describe a colorable challenge to the agency’s denial of his
applications that would establish “plausible grounds for relief.” Id. (presumption
of prejudice rebutted when petitioners do not show plausible grounds for relief).
Zheng’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.
2 13-71236