Chen v. Ashcroft

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 denied the second motion on the basis that (1) Chen had waived the ineffective assistance issue because he had not raised it in his…