Solorio-Andrade

MEMORANDUM ****

Amalia Solorio-Andrade, a Mexican national and citizen, appealed to the Board of Immigration Appeals (“BIA”) Immigration Judge Wendell A. Hollis’s (“U”) denial of her request for cancellation of removal. Ms. Solorio-Andrade argued for cancellation based on the exceptional and extremely unusual hardship her removal would cause two of her U.S. citizen children, who suffer from physical and mental health problems. Ms. Solorio-Andrade’s BIA appeal produced a myriad of technical problems which resulted in this petition for review of a BIA order dated August 26, 2004 order (“August order”). We have jurisdiction pursuant to 8 U.S.C. § 1252 .

The August order denied Ms. Solorio-Andrade’s motion for reconsideration of the BIA’s May 4, 2004 order (“May order”). The May order affirmed the IJ’s *676 holding, and denied a motion Ms. Solorio-Andrade had styled as a “motion to reopen.” The motion to reopen was filed before Ms. Solorio-Andrade’s appeal closed, and moved for an extension to the briefing schedule based on ineffective assistance of counsel. Ms. Solorio-Andrade contended that her first attorney was ineffective because that attorney missed the brief filing…