· 5/20/2005
Jian Yun Zheng v. United States Department of Justice, John Ashcroft, United States Attorney General
Citations
- 409 F.3d 43
- 2005 U.S. App. LEXIS 9218
- 2005 WL 1189646
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that to prevail on an ineffective assistance of counsel claim the petitioner must “comply substantially” with the procedural requirements of In re Lozada
- holding that “alien who has failed to comply substantially with the Lozada requirements . . . before the BIA forfeits h[is] ineffective assistance of counsel claim in this Court”
- holding that an alien who has failed to comply substantially with the Lozada requirements in her motion to reopen before the BIA forfeits her ineffective assistance of counsel claim
- holding that because petitioner “made no effort to demonstrate that the affidavits and additional documentary evidence she submitted in support of her motion to reopen met [the] requirements [under 8 C.F.R. § 1003.2(c)(1)], the BIA was not obligated to consider them”
- providing that failure to comply with Lozada will 4 result in forfeiture of an ineffective assistance of counsel claim
- explaining that assertions of ineffective assistance of counsel must comply with the Lozada requirements
Source: CourtListener parenthetical corpus (CC0).
Judges: Meskill, Newman, Cabranes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.