Castillo

MEMORANDUM **

Feliciano Arteaga Castillo, his wife, Gabriela, and their two children, Maria and Gerardo, petition for review of the BIA’s denial of their request to reopen their removal proceedings. We deny the petition.

The Arteagas contend they were victimized by a notary who filed frivolous applications. Fraudulent representation by a notary can give rise to a claim of ineffective assistance of counsel that may warrant reopening. See Lopez v. INS, 184 F.3d 1097, 1100 (9th Cir.1999). In such instances, the alien must substantiate the claim and demonstrate prejudice. Id. Here, the Arteagas suffered no prejudice by having been initially represented by a non-attorney because they conceded they were statutorily ineligible for relief. Indeed, in denying their prior petition for review, we determined, for that reason, it was not necessary to reach the question of whether they were the victims of notary fraud. See Arteaga Castillo v. Gonzales, 132 Fed. Appx. 167 (9th Cir.2005) (unpublished memorandum).

The Arteagas also argue they are eligible for a “U visa” that would stay their *541 orders of removal. Such a visa is available for victims of certain qualifying crimes and is…