Muniz

MEMORANDUM *

Petitioners Salvador Perez Muniz and Genoveva Noriega de Perez, natives and citizens of Mexico, petition for review of two Board of Immigration Appeals (BIA) decisions: (1) the BIA’s denial of their motion to reopen, and (2) the BIA’s dismissal of their appeal from the Immigration Judge’s (IJ) order denying them cancellation of removal.

In prior proceedings before the IJ, Petitioners sought cancellation of removal on the basis of exceptional and extremely unusual hardship to their two U.S. citizen sons. The IJ, noting the limited evidentia-ry showing of the children’s medical condition, denied their application.

1. In their motion to reopen, Petitioners claimed that they received ineffective assistance of counsel when their former counsel failed to inform them that they needed expert medical evidence to establish their children’s medical condition and to demonstrate that Petitioners’ removal would cause them children to suffer exceptional and extremely unusual hardship. 1 See 8 U.S.C. § 1362 ; Lin v. Ashcroft, 377 F.3d 1014, 1027 (9th Cir.2004).

In denying Petitioners’ motion to reopen, the BIA abused its discretion when it improperly credited attorney Lis-ette…