Sharma

MEMORANDUM

Khushi Ram Sharma, Joytika Sharma, and Prashant K. Sharma (together, the “Sharmas”), native citizens of Fiji, petition for review of the October 16, 2007 Board of Immigration Appeals’ (“BIA”) denial of their motion to reopen as untimely. The Sharmas argue that the ninety-day deadline should be equitably tolled because they received ineffective assistance of counsel.

We have jurisdiction over this matter pursuant to 8 U.S.C. § 1252 . We review the BIA’s denial of a motion to reopen for abuse of discretion. Ontiveros-Lopez v. INS., 213 F.3d 1121, 1124 (9th Cir.2000).

We deny the Sharmas’ petition for review on two independent grounds. First, the Sharmas did not provide then-former representatives with adequate notice of the ineffective assistance of counsel claims. The BIA requires that petitioners provide former counsel with an opportunity to respond to ineffective assistance allegations before bringing these allegations to the BIA. Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988). The Sharmas sent Mr. Jagprit Sekhon, their second representative, and Ms. Alisa Kaufman, then-third representative, formal notice of and information regarding the allegations against…