Kaur

MEMORANDUM **

Sunita Rani Kaur and Surjit Singh petition for review of the Board’s summary affirmance of the immigration judge’s order denying Kaur’s application for asylum, withholding of deportation, relief under the Convention Against Torture and voluntary departure. We dismiss in part and deny in part their petition.

We lack jurisdiction to consider Petitioners’ claim of ineffective assistance of counsel, because Petitioners did not present this issue to the Board and exhaust their administrative remedies. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000); Rashtabadi v. INS, 23 F.3d 1562, 1567 (9th Cir.1994).

We disagree with Petitioners’ argument that the Board abused its discretion when it denied their motion to file an untimely brief. Petitioners were afforded a “reasonable opportunity to offer an explanation of any perceived inconsistencies” in the record that formed the basis for the immigration judge’s decision, Campos-Sanchez v. INS, 164 F.3d 448, 450 (9th Cir.1999), and their counsel had a fair opportunity to file a brief. Cf. Baires v. INS, 856 F.2d 89, 93 (9th Cir.1988). Furthermore, counsel’s failure to file a brief cannot be attributed to any fault…