Saini

MEMORANDUM ***

Mohan Saini (Saini), a native and citizen of India, petitions for review of an order of the Board of Immigration Appeals (BIA) upholding an immigration judge’s (IJ) decision denying Saini’s application to reopen his exclusion proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a) and we review the denial of the motion to reopen for an abuse of discretion. See Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir.2000). We deny Saini’s petition.

Saini argues that his Fifth Amendment Due Process right to effective assistance of counsel was violated when he was not informed of a change in date of the hearing on his petition for asylum and withholding of deportation. Even if a right to effective assistance of counsel existed, nothing in the record suggests that Saini’s counsel was deficient. Because the INS properly served written notice of the hearing on Saini’s counsel, Saini is deemed to have also received notice. See Garcia, 222 F.3d at 1209 ; see also 8 C.F.R. § 292.5 (a) (stating that whenever an alien is required to be given notice, such notice shall be given to alien’s attorney of record). Furthermore, Saini has failed to prove that he attempted to contact…