Vasquez

MEMORANDUM ***

Nestor Vasquez and his wife, Maria Ermides Vasquez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings due to ineffective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion, and questions of law, including claims of due process violations due to ineffective assistance, de novo. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

We agree with the BIA’s conclusion that former counsel’s performance with regard to the asylum application did not result in prejudice to Petitioners, and thus their claim of ineffective assistance of counsel fails. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir.2003) (to prevail on an ineffective assistance of counsel claim, a petitioner must demonstrate prejudice). To the extent the BIA required that Petitioners failed to meet the regulatory requirements for motions to reopen to reapply for asylum, it did not abuse its discretion. See 8 C.F.R. § 1003.2 (c) (“A motion to…