Shagdar Boldmyagmar v. Loretta E. Lynch

MEMORANDUM

Shagdar Boldmyagmar, Yagaan Altant-setseg, and Chinzorig and Chinbayar Bold-myagmar, all natives and citizens of Mongolia, petition for review of the Board of Immigration Appeals’s (“Board”) July 17, 2013 order denying their motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the Board’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny in part and dismiss in part the petition for review.

The Board did not abuse its discretion in denying petitioners’ motion to reopen based on ineffective assistance of counsel. Petitioners did not establish that their pri- or attorneys provided deficient representation.

Petitioners asserted that two of their previous attorneys provided ineffective as sistance of counsel by not filing an earlier motion to reopen to raise arguments regarding (1) the denial of petitioners’ request for relief under the Convention Against Torture (“CAT”); and (2) alleged interpretation errors that occurred during petitioners’ removal proceedings. A motion to reopen “shall not be granted unless it appears to the Board that evidence sought to be…