Lal

MEMORANDUM

In these consolidated petitions for review, Sarup Lai, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders denying his motion to reopen based on ineffective assistance of counsel and his motion to reconsider that denial. We have juris diction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence findings of fact regarding counsel’s performance, Lin v. Ashcroft, 377 F.3d 1014, 1024 (9th Cir. 2004), and review for abuse of discretion the denial of a motion to reopen or reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny the petitions for review.

Substantial evidence supports the BIA’s determination that Lai did not establish ineffective assistance by his former counsel because the record does not compel the conclusion that Lai paid his former counsel to file a petition for review. See Lin, 377 F.3d at 1023 (petitioner must establish that counsel’s performance prevented him from reasonably presenting his case). Because Lai did not establish ineffective assistance of counsel, the BIA did not abuse its discretion by denying the motion to reopen. See Singh v. INS, 295 F.3d 1037, 1039 (9th…