Ching Chun Chen v. Attorney General of the United States

Third Circuit

Ching Chun Chen v. Attorney General of the United States

139 F. App'x 447

CourtCourt of Appeals for the Third Circuit

DecidedJuly 19, 2005

DocketNo. 04-2328

StatusPublished

This text of 139 F. App'x 447 (Ching Chun Chen v. Attorney General of the United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ching Chun Chen v. Attorney General of the United States, 139 F. App'x 447 (3d Cir. 2005).

Pincite

Opinion

OPINION

WEIS, Circuit Judge.

Petitioner, a Chinese national, applied for asylum, withholding of removal and protection under the Convention Against Torture. At a hearing before an Immigration Judge (IJ), he discussed his assistance to the Falun Gong and his alleged persecution. The IJ found the testimony lacking in credibility.

Petitioner appealed to the BIA, but when he failed to timely file a brief, the Board dismissed the appeal. Petitioner asked for reopening based on ineffective assistance of counsel. The BIA denied the motion citing Matter of Lozada, 19 I & N Dec. 637 (BIA 1988).

We have examined the petitioner’s contentions and find that they are lacking in merit. In Lu v. Ashcroft, 259 F.3d 127 (3d Cir.2001), we reviewed the Lozada requirements for establishing ineffective assistance of counsel and found the standards to be reasonable.

Petitioner has failed to meet the burden established in Lu. Accordingly, the Petition for Review will be denied.

Free access — add to your briefcase to read the full text and ask questions with AI