Singh

MEMORANDUM **

Gurpreet Singh, a native and citizen of India, petitions for review of two Board of Immigration Appeals (“BIA”) decisions: (1) the summary affirmance of the Immigration Judge’s (“IJ”) decision denying asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”); and (2) the denial of his motion to reopen based on ineffective assistance of prior counsel. We review claims of ineffective assistance of counsel de novo, Dearinger ex rel. Volkova v. Reno, 232 F.3d 1042, 1044-45 (9th Cir.2000), factual findings for substantial evidence, Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000), and denial of a motion to reopen for abuse of discretion, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We have jurisdiction under 8 U.S.C. § 1252 , and we affirm the IJ’s denial of asylum, withholding of removal, and relief under CAT, and the BIA’s denial of Singh’s motion to reopen.

Because Singh’s previous attorney, Randhir Kang, failed to file an appellate brief with our court, we initially dismissed his petition for review for failure to prosecute on November 29, 2004. However, based on Kang’s ineffective assistance, on April 12, 2005, we granted…