Gomez-Gonzales

MEMORANDUM **

Juan Carlos Gomez-Gonzales and his wife Norma Juliana Contreras-Anaya, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings based on ineffective assistance of counsel, and the BIA’s reissued order dismissing their appeal from the Immigration Judge’s (“IJ”) order denying cancellation of removal. Petitioners have lived in the United States for 20 years and have no criminal record, and the only charge in the Notice to Appear is that they are aliens present in the United States without inspection. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion, and review claims of due process violations due to ineffective assistance of counsel de novo. See Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part, dismiss in part, and grant in part the petition for review.

To the extent Petitioners contend the BIA violated due process by failing to consider some or all of the new evidence they submitted with the motion to reopen, they have not overcome the presumption that the…