Ozoa

MEMORANDUM **

In these consolidated petitions for review, Salvación Tenedor Ozoa and Raymundo Melon Ozoa, husband and wife and natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing them appeal from an immigration judge’s decision denying their motion to reopen based on ineffective assistance of counsel and denying their motion to reopen to apply for adjustment of status. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and de novo claims of due process violations, including those resulting from ineffective assistance of counsel. See Lin v. Ashcroft, 377 F.3d 1014, 1023 (9th Cir.2004). We grant the petition for review in No. 05-72806 and we deny in part and dismiss in part the petition for review in No. 08-70123.

We disagree with the agency’s conclusion that petitioners had to comply with the requirements in Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988), for asserting a claim of ineffective assistance of counsel where petitioners’ attorney’s ineffective assistance was plain on the face of the record because he failed to timely file a…