Irina Melnikova v. Eric Holder, Jr.

MEMORANDUM

Irina Melnikova and Vyacheslav Tigay petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their motion to reopen based on the alleged ineffective assistance of counsel (“IAC”) of two of their prior attorneys. The BIA held that (1) most instances of IAC alleged by Petitioners are unsupported by the record; (2) their first counsel’s failure to submit an original letter in Russian did not prejudice Petitioners; (3) because the first attorney was not ineffective, the second attorney could not have been ineffective for failing to argue that the first attorney was ineffective; and (4) Petitioners did not show the “exceptional circumstances” necessary to warrant the reopening of their case. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

1. Under the substantial evidence standard of review, “administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B); see also Zarate v. Holder, 671 F.3d 1132, 1134 (9th Cir.2012). Petitioners claim that they were prejudiced by their first attorney’s failure to introduce the testimony of Tigay and of…