Marquina

MEMORANDUM **

Refugio Castaneda Marquina, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen removal proceedings. We have jurisdiction pursuant 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Bhasin v. Gonzales, 428 F.3d 977, 983 (9th Cir.2005), we deny the petition for review.

The BIA did not abuse its discretion in rejecting Castaneda’s allegation that he was prejudiced by the actions of a notario who allegedly filed Castaneda’s asylum application without his knowledge. Castaneda made no contention that the notario’s actions made the proceedings themselves unfair. See Lara-Torres v. Gonzales, 383 F.3d 968 , 973 (9th Cir.2004) (“The basic ‘unfairness’ of which the Petitioners complain is that they never would have been subject to removal proceedings had it not been for their reliance on [their attorney’s] unfortunate immigration-law advice. This ‘unfairness’ however, did not taint the ‘fairness’ of the hearing.”), amended by 404 F.3d 1105 (2005).

Nor did the BIA abuse its discretion by requiring compliance with the procedural guidelines set forth in Matter of Lozada, 19 I & N. Dec. 637…