Epifania HERNANDEZ-VITE, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 540 F. App'x 734

MEMORANDUM Epifanía Hernandez-Vite, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Hernandez-Vite’s motion to reopen alleging ineffective assistance of counsel where she failed to comply with the threshold requirements of Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), and the alleged ineffective assistance was not plain on the face of the administrative record. See Reyes v. Ashcroft, 358 F.3d 592, 596-99 (9th Cir.2004). In light of this disposition, we do not reach Hernandez-Vite’s remaining contention regarding her eligibility for adjustment of status. PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.