Tabino

MEMORANDUM **

Lazaro Tabino, a native and citizen of the Philippines, petitions for review of a final decision by the Board of Immigration Appeals (“BIA”), which dismissed his appeal of an Immigration Judge’s decision denying his application for asylum, withholding of deportation, and voluntary departure. Pursuant to the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (“IIRIRA”), the transitional rules apply, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), and we therefore have jurisdiction under 8 U.S.C. § 1105a(a), as amended by IIRIRA § 309(c), Avetova-Elisseva v. INS, 213 F.3d 1192 , 1195 n. 4 (9th Cir.2000). We deny the petition for review.

The BIA did not abuse its discretion in failing to address Tabino’s ineffective assistance of counsel claim because Tabino failed to comply with the procedural requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988). Ontiveros-Lopez v. INS, 213 F.3d 1121, 1125 (9th Cir.2000). Tabino did not file an affidavit detailing the agreement between himself and former counsel, nor did he inform former counsel of the allegations leveled against him, or explain to the BIA why he never lodged a formal…