Predtechensky

MEMORANDUM **

Alexander Predtechensky petitions for review of a decision of the Board of Immigration Appeals (“BIA”), adopting and affirming a decision of an Immigration Judge (“IJ”) denying Predtechensky’s motion to reconsider his motion to reopen his application for asylum and withholding of deportation, which had been withdrawn. We review the decision of the IJ. See Alaelua v. INS, 45 F.3d 1379, 1382 (9th Cir.1995).

I.

Predtechensky claims that the withdrawal of his application for asylum and withholding of deportation was “without informed consent” and arose from the ineffective assistance of his former counsel, Garish Sarin. Predtechensky argues that due process requires that he be permitted to pursue the application.

“Ineffective assistance of counsel in a deportation proceeding is a denial of due process under the Fifth Amendment if the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his case. Due process challenges to deportation proceedings require a showing of prejudice to succeed.” Rodriguez-Lariz v. INS, 282 F.3d 1218, 1226 (9th Cir.2002) (citations and internal quotations omitted). In addition, Matter of Lozada, 19 I.…