Rus

MEMORANDUM **

In these consolidated petitions, Grazyna Rus and Ilona Rus, mother and daughter and natives and citizens of Poland, seek review of the Board of Immigration Appeals’ (“BIA”) October 15, 2003 order dismissing as untimely their appeal from an immigration judge’s (“IJ”) order denying their motion to reopen removal proceedings conducted in absentia (No. 04-74568) and the BIA’s September 2, 2004 order denying as untimely their motion to reopen due to ineffective assistance of counsel (No. 04-75075). We deny the petition for review in No. 04-74568, and we deny in part and dismiss in part the petition for review in No. 04-75075.

Petitioners do not challenge the BIA’s determination that their Notice of Appeal from the IJ’s denial of the first motion to reopen was untimely. Thus, as petitioner have waived any arguments challenging this determination, we deny the petitioner for review in No. 04-74568. See Brookfield Communications, Inc. v. West Coast Entertainment Corp., 174 F.3d 1036 , 1046 n. 7 (9th Cir.1999).

The BIA did not abuse its discretion in denying as untimely petitioners’ motion to reopen due to ineffective assistance of counsel because they filed it more than 90…