JIN YIN ZHOU v. PAMELA BONDI, Attorney General - Articles

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Posted by: Azya Thornton on Apr 23, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Blake P. Somers, BLAKE P. SOMERS LLC, Cincinnati, Ohio, for Petitioner.

Attorneys 2: ON BRIEF: Lindsay Corliss, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Judge(s): COLE, McKEAGUE, and RITZ, Circuit Judges

Court Appealed: On Petition for Review from the Board of Immigration Appeals

RITZ, Circuit Judge. The Board of Immigration Appeals denied Jin Yin Zhou discretionary relief from removal under 8 U.S.C. § 1227(a)(1)(H) and ordered her removed. Zhou filed an untimely motion to reopen her removal proceedings. In her motion, Zhou requested equitable tolling of the 90-day deadline and argued that her counsel provided ineffective assistance. The Board denied the motion, holding that Zhou failed to demonstrate the requisite prejudice and due diligence. Zhou seeks our review of those determinations. But because we lack jurisdiction over the Board’s lack-of-prejudice determination, and because that determination is dispositive of this appeal, we dismiss Zhou’s petition for review.

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