Palacios

MEMORANDUM **

In these consolidated petitions, Abel Gonzalez Palacios and his family, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) dismissal of their appeal from an immigration judge’s decision granting them voluntary departure and for review of the BIA’s denial of their motion to reopen alleging ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1105a. See Kalaw v. INS, 133 F.3d 1147, 1149-50 (9th Cir.1997). We review constitutional claims de novo, Cano-Merida v. Ashcroft, 311 F.3d 960, 964 (9th Cir.2002), and the denial of a motion to reopen for abuse of discretion, INS v. Doherty, 502 U.S. 314, 323 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992). We deny the petition for review.

Contrary to the Petitioners’ contention, the IJ’s failure to ask the Petitioners whether they wanted to withdraw their asylum applications did not violate then-due process rights because their attorney had the authority to make decisions on their behalf, and their attorney decided to withdraw the applications. See Magallanes-Damian v. INS, 783 F.2d, 931 , 934 (9th Cir.1986). Consequently, we deny the petition for review in No.…