Cisneros-Salinas

MEMORANDUM ***

Petitioners Genaro Cisneros-Salinas and Rosalinda Olvera-Martinez, both citizens of Mexico, petition for review of the Board of Immigration Appeals’ (BIA) order affirming the Immigration Judge’s (“IJ”) final order of removal and grant of voluntary departure, and rejecting Petitioners’ claim of ineffective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252 .

This Court reviews de novo claims of due process violations in immigration proceedings, such as ineffective assistance of counsel. See Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001). Ordinarily, the BIA will not consider an ineffective assistance of counsel claim absent compliance with the Lozada requirements. See Reyes v. Ashcroft, 358 F.3d 592, 597 (9th Cir.2004); Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988), affd, 857 F.2d 10 (1st Cir.1988). Although we do not strictly enforce the Lozada requirements, “we have never excused a petitioner’s failure to provide an affidavit where, as here, the facts underlying the petitioner’s claim were not plain on the face of the administrative record.” Reyes, 358 F.3d at 597 (internal quotations omitted). Petitioners did not submit an…