Batoon

MEMORANDUM *

In this consolidated appeal, Petitioners Ederlinda, Alene, and Alan Batoon petition for review of the Board of Immigration Appeals’ (BIA’s) order denying their motions to reopen. Them petitions are predicated on ineffective assistance of counsel.

We have jurisdiction over the petitions of Ederlinda and Ailene Batoon, for their brief to the BIA raised their ineffective assistance claims and the relevant facts about their attorney Kwan’s incorrect advice and delay in filing for adjustment of status. See, e.g., Zhang v. Ashcroft, 388 F.3d 713, 721 (9th Cir.2004) (holding that an issue is exhausted if it is raised before the BIA). Moreover, the BIA expressly held that attorney Kwan was merely “strategic,” not ineffective, in failing to file for Ederlinda’s and Ailene’s adjustment of status at an earlier date. See Socop-Gonzalez v. INS, 272 F.3d 1176, 1186 (9th Cir.2001) (en banc) (holding that an issue is exhausted if the BIA has addressed it). Because the facts underlying Alan’s claims were similarly raised to the BIA, and the BIA’s disposition clearly echoed (via citation) its determination that any delay was “strategic,” Allan’s claims have also been properly…