Husyev

MEMORANDUM *

Hennadiy Leonidovich Husyev (“Husyev”) and his wife Tetyana Hryhorivna Husyeva (“Husyeva”), both ethnic Russians and citizens of Ukraine, petition for review of a decision of the Board of Immigration Appeals (“BIA”) denying their mo *621 tion to reopen proceedings for asylum, withholding of removal and relief under the Convention Against Torture. 1 In their motion, the Husyevs contended that their prior counsel provided ineffective assistance in the proceedings before the Immigration Judge (“IJ”). In the alternative, they claim that changed circumstances in Ukraine warrant reopening of the proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the Husyevs’ petition.

We review for an abuse of discretion the BIA’s denial of a motion to reopen. Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002). Underlying questions of law, including claims of due process violations such as ineffective assistance of counsel, are reviewed de novo. Id. We review factual findings by the BIA for substantial evidence. Maravilla Maravilla v. Ashcroft, 381 F.3d 855, 857 (9th Cir.2004).

“To show a deprivation of due process caused by ineffective assistance of…

concurring:

I concur in the result.