Usmanov

MEMORANDUM **

Sergey M. Usmanov, a native of the former Soviet Union and a citizen of Tajikistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his second motion to reopen proceedings due to ineffective assistance of counsel and to reapply for withholding of removal and protection under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Singh v. Gonzales, 416 F.3d 1006, 1009 (9th Cir.2005), we grant in part and deny in part the petition for review.

The BIA abused its discretion when it failed fully to address Usmanov’s ineffective assistance of counsel claim based on prior counsel’s failure to file Us *490 manov’s first motion to reopen to apply for adjustment of status prior to the expiration of his voluntary departure period and adequately to present the bona fides of his marriage in the first motion to reopen. See Singh, 416 F.3d at 1009 (remanding in light of BIA’s failure to address ineffective assistance of counsel claim). We remand for the BIA to reconsider Usmanov’s ineffective assistance of counsel claim and to consider whether prior counsel’s performance warrants…