Nava-Panduro

MEMORANDUM *

Husband and wife petitioners Adalberto Nava-Panduro and Maria Cristina Villa-Reyes (“Petitioners”) appeal from the BIA’s affirmance of the Immigration Judge’s (“IJ’s”) denial of their applications for cancellation of removal pursuant to § 240A(b) of the Immigration and Naturalization Act, 8 U.S.C. § 1229b(b). The permanent rules of the Illegal Immigration Reform and Immigrant Responsibility Act apply because Petitioners were served with Notices to Appear after April 1, 1997. Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 597 (9th Cir.2002). We deny the petition.

Petitioners’ ineffective assistance of counsel claim fails for lack of prejudice. Dearinger ex rel. Volkova v. Reno, 282 F.3d 1042, 1045 (9th Cir.2000). Even though the IJ proceeded without the benefit of Petitioners’ chosen counsel, the IJ carefully and thoroughly questioned Petitioners regarding the health of their five United States citizen children. The record indicates that Petitioners understood these questions. It also indicates that Petitioners replied that the children were doing “fine.” Although we recognize that the absence of counsel may have affected the quality of the advocacy, this alone is not…