Hernandez

MEMORANDUM ***

Jesus Hernandez and Zenaida Serrano de Hernandez, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) decision denying them applications for cancellation of removal because they failed to prove the requisite 10 years of continuous physical presence in the United States before issuance of the Notice to Appear. We dismiss the petition for review.

Petitioners’ sole contention on appeal is that the BIA denied them due process by adjudicating their case despite the ineffective assistance of their attorney Miguel Gadda, who was disbarred by the BIA before it issued its order in this case. A petitioner asserting a claim of ineffective assistance of counsel is required “to exhaust his administrative remedies by first presenting the issue to the BIA.” Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000). “A petitioner must make a motion for the BIA to reopen before we will hold he has exhausted his claims.” Liu v. Waters, 55 F.3d 421, 424 (9th Cir.1995); see also Iturribarria v. INS, 321 F.3d 889, 896 (9th Cir.2003) (“[A]s a practical matter, a motion…