CHEN v. GONZALES

No. 04-2591.

415 F.3d 151 (2005)

Cai Xing CHEN, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

Decided July 15, 2005.


Attorney(s) appearing for the Case

Theodore N. Cox on brief for petitioner.

Thankful T. Vanderstar, Trial Attorney, United States Department of Justice, Office of Immigration Litigation, Peter D. Keisler, Assistant Attorney General, Civil Division, and Christopher C. Fuller, Senior Litigation Counsel, on brief for respondent.

Before BOUDIN, Chief Judge, LYNCH and HOWARD, Circuit Judges.


LYNCH, Circuit Judge.

Petitioner Cai Xing Chen, a native and citizen of China, was denied asylum and ordered removed but did not seek judicial review of that determination. Instead, he filed two motions to reopen with the Board of Immigration Appeals (BIA), each of which was denied. He now seeks review of the denial of his second motion to reopen, which was premised on a claim of ineffective assistance of counsel in the original asylum proceeding.

The BIA...

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