Tzafir

MEMORANDUM *

Marina Tzafir, a native of Uzbekistan, her husband Binyamin, a native of Georgia, and their three children (together “Tzafir”) 1 , all citizens of Israel, petition for review of two orders of the Board of Immigration Appeals (“BIA”). In No. 05-75369, the BIA affirmed the Immigration Judge’s (“IJ”) order of removal. The IJ determined that Tzafir did not qualify for asylum, withholding of removal, or relief under the Convention Against Torture. In No. 06-73230, the BIA denied Tzafir’s motion to reopen based on ineffective assistance of counsel. 2 We have jurisdiction pursuant to 8 U.S.C. § 1252 (a). We deny in part and grant in part the petition in No. 05-75369 and remand for further proceedings. We deny the petition in No. 06-73230.

The IJ made adverse credibility findings that were not explicitly affirmed by the *585 BIA; thus, we need not reach Tzafir’s argument about the appropriateness of the IJ’s adverse credibility findings. 3 See Krotova v. Gonzales, 416 F.3d 1080, 1084 (9th Cir.2005) (stating that “[w]hen the BIA’s decision is silent on the issue of credibility, despite an IJ’s explicit adverse credibility finding, we may presume that the BIA found the…