Gardizy

MEMORANDUM **

Nooria Gardizy, a native and citizen of Afghanistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen based on changed country conditions and ineffective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion. Iturribania v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny *362 in part and grant in part the petition for review, and remand for further proceedings.

We agree with the BIA’s analysis of Gardizy’s claimed due process violation. Gardizy failed to present evidence that she exercised diligence in discovering her prior attorneys’ errors, and the BIA properly concluded she is not entitled to equitable tolling. See id. at 897 (equitable tolling is available to a petitioner who establishes deception, fraud or error, and exercised due diligence in discovering such circumstances). We note, however, that Gardi-zy’s failure to present evidence on due diligence in filing the motion to reopen, as well as her seemingly inexplicable failure to comply with any of the Lozada requirements to demonstrate ineffective assistance of counsel,…