WANG v. BOARD OF IMMIGRATION APPEALS

Docket No. 06-5554-ag.

508 F.3d 710 (2007)

Jian Hua WANG, aka Jen Hua Wang, aka Bao Zhu Bai, Petitioner, v. BOARD OF IMMIGRATION APPEALS, Respondent.

United States Court of Appeals, Second Circuit.

Decided: November 29, 2007.


Attorney(s) appearing for the Case

Gary J. Yerman, New York, NY, for Petitioner.

Hillel R. Smith, Trial Attorney, (Peter D. Keisler, Assistant Attorney General; Terri J. Scadron, Assistant Director, on the brief), Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Before: CABRANES, KATZMANN, and HALL, Circuit Judges.


PER CURIAM:

The question presented, which is the principal focus of this opinion, is whether petitioner exercised due diligence in filing his motion to reopen based on a claim of ineffective assistance of counsel. Petitioner Jian Hua Wang, a native and citizen of the People's Republic of China, arrived in the United States in October 2000 without valid entry documents. He was placed in so-called "removal proceedings," where he was represented by counsel, Joseph Muto...

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