Margarit Voskanyan v. Loretta E. Lynch

MEMORANDUM

Margarit Ellison • Voskanyan, a native and citizen of Armenia, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings based on ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen and review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion or violate due process in denying Voskanyan’s motion to reopen for failure to comply with the threshold requirements of Matter of hozada, 19 I. & N. Dec. 637 (BIA 1988), where Voskanyan failed to allow her former attorneys an adequate opportunity to respond to the allegations against them, and elements of Voskanyan’s allegations against her former attorneys were inconsistent with the administrative record. See Reyes v. Ashcroft, 358 F.3d 592, 596-99 (9th Cir.2004) (no abuse of discretion where alien failed to establish that he provided former counsel with adequate opportunity to respond to allegations and ineffectiveness was not…