Hovakimyan

MEMORANDUM **

Varduhi Hovakimyan, her husband, Gar-abet Osapian, and their children, natives and citizens of Armenia, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen based on ineffective assistance of counsel and changed country conditions. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the 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 grant in part, deny in part, and dismiss in part the petition for review, and remand.

The BIA erred when it failed fully to address Hovakimyan’s ineffective assistance of counsel claim based on prior counsel’s failure to raise on appeal the immigration judge’s finding that Hovakimyan had filed a frivolous asylum application. See Singh v. Gonzales, 416 F.3d 1006, 1015 (9th Cir.2005) (remanding for failure to address petitioner’s equitable tolling argument); Sagaydak v. Gonzales, 405 F.3d 1035, 1040 (9th Cir.2005) (BIA is “not free to ignore arguments raised by a petitioner”). We remand for the BIA to reconsider Hovakimyan’s ineffective assistance of counsel…