Garmit SINGH, aka Bhupinder Singh; Kaumalder Kaur, aka Kulwinder Kaur; et al., Petitioners, v. Eric H. HOLDER Jr., Attorney General, Respondent, 360 F. App'x 739

MEMORANDUM Garmit Singh, Kaumalder Kaur and their son, natives and citizens of India, petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their motion to reopen proceedings. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, Azanor v. Ashcroft, 364 F.3d 1013, 1018 (9th Cir.2004), we deny the petition for review. The BIA did not abuse its discretion in denying Singh’s motion to reopen based on ineffective assistance of counsel because the motion did not substantially comply with the procedural requirements set forth in Matter of Lozada, 19 I. & N.

Dec. 637 (BIA 1988), and the facts underlying Singh’s claim are not plain on the face of the record. See Azanor, 364 F.3d at 1023. It follows that the BIA did not violate due process by denying Singh’s motion. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for a due process violation). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.