Does ineffective assistance of counsel apply to a motion to reopen a hearing?

1 The BIA did not abuse its discretion in denying Vartanian's motion to reopen based upon ineffective assistance of counsel because Vartanian failed to comply with the requirements of Matter of Lozada, 19 I & N Dec. 637 (BIA 1988), aff'd 857 F.2d 10 (1st Cir.1988). See Ramirez-Durazo v. INS, 794 F.2d 491, 500 (9th Cir.1986) (alien must establish that assistance was so ineffective as to have impinged upon the fundamental fairness of the hearing in violation of the fifth amendment due process clause).