Vela-Martinez

MEMORANDUM **

Jesus M. Vela-Martinez and his wife Elvira Ledesma-Guiterrez, natives and citizens of Mexico, petition for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s decision denying their application for suspension of deportation. Because the transitional rules apply, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We review for substantial evidence. Id. at 1151. We grant the petition for review, and remand to the BIA for further consideration.

Because Petitioners did not present their ineffective assistance of counsel or procedural due process claims to the BIA, these claims are dismissed for failure to satisfy the administrative exhaustion requirement. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000) (ineffective assistance of counsel argument must first be presented to the BIA); Sanchez-Cruz v. INS, 255 F.3d 775, 780 (9th Cir. 2001) (challenges to procedural errors correctable by the administrative tribunal must be exhausted).

*984 Substantial evidence does not support the conclusion that Petitioners failed to establish the requisite seven-years physical…