Colabewala

MEMORANDUM **

Jimmy Noshir Colabewala, his wife Rukshana Jimmy Colabewala, and their two children, Benaz and Erik Jimmy Colabewala, are natives and citizens of India. They petition for review of two decisions of the Board of Immigration Appeals (“BIA”): (1) a denial of their motion to reopen and (2) a denial of their motion to reconsider. We have jurisdiction pursuant to 8 U.S.C. § 1252 .

In their brief, the petitioners only challenge the BIA’s denial of their motion to reopen. They therefore waived any challenges to the BIA’s denial of their motion to reconsider. See Martinez-Serano v. INS, 94 F.3d 1256, 1259 (9th Cir. 1996).

In their motion to reopen, the petitioners argued that prior counsel had provided ineffective assistance and that since their initial asylum application had been denied, conditions in India had materially changed so that they now had a well-founded fear of persecution. The BIA rejected both arguments. We hold that the BIA did not abuse its discretion in denying the motion to reopen.

“The denial of a motion to reopen is reviewed for abuse of discretion.” Sharma v. INS, 89 F.3d 545, 547 (9th Cir.1996). We “will only overturn the BIA’s ruling if it acted…