Trejo

MEMORANDUM **

In these consolidated petitions, Tarsicio Perez Trejo and Maria Luisa Medina, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing their appeal from an immigration judge’s decision denying their applications for cancellation of removal (No. 05-73964), and denying their motion to reopen based on ineffective assistance of counsel (No. 06-73285). We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen and review de novo ineffective assistance of counsel claims. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review in No. 05-73964, and we'grant the petition for review in No. 06-73285 and remand for further proceedings.

In their opening brief, petitioners fail to discuss, and thereby waive any challenge to, the BIA’s order dismissing their appeal. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in a party’s opening brief are waived).

The BIA abused its discretion when it determined that petitioners were not entitled to equitable…