Garcia-Leal

MEMORANDUM **

Maria del Carmen Garcia-Leal and Lau-ro Leal-Martinez, a married couple who are natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to remand, and dismissing their appeal from the Immigration Judge’s (“IJ”) order deeming their applications for cancellation of removal abandoned. Reviewing for substantial evidence, Lin v. Ashcroft, 377 F.3d 1014, 1024 (9th Cir.2004), we dismiss in part and deny in part the petition for review.

The BIA correctly determined that Petitioners did not comply with the requirements for asserting an ineffective assistance of counsel claim set forth in Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988). See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 824 (9th Cir.2003) (for the BIA to find a valid claim of ineffective assistance of counsel, petitioner must: (1) provide an affidavit describing agreement with counsel in detail; (2) inform counsel of the allegations and afford counsel an opportunity to respond; and (3) report whether a complaint of ethical or legal violations has been filed with the proper authorities and if not, why not).

The BIA did not err in finding that…