context: Based on our assessment of the parties' submissions,, the applicable case law, and the record on appeal, we conclude that petitioner's claims are without merit. , In the affidavit and brief he submitted to the BIA, petitioner, who was duly represented by new counsel on appeal, failed to comply with any of the Lozada requirements, and the explanation he now offers for that failure -- namely, that he believed he was precluded from filing a disciplinary complaint against his original attorney because he had earlier signed a statement indicating his "satisfaction] with the services provided" -- was never presented to the BIA. Nor does petitioner's explanation here address in any way his failure to comply with the remaining Lozada requirements, which are likewise essential to establishing a full administrative record before the BIA.
citation_a.signal: see
citation_a.identifier: 19 I. & N. Dec. 639, 639
citation_a.parenthetical: emphasizing that "[w]here essential information is lacking, it is impossible to evaluate the substance of such claim" and that "the potential for abuse is apparent where no mechanism exists for allowing former counsel, whose integrity or competence is being, impugned, to present his version of events if he so chooses, thereby discouraging baseless allegations"
citation_a.sentence: See Lozada, 19 I. & N. Dec. at 639 (emphasizing that “[w]here essential information is lacking, it is impossible to evaluate the substance of such claim” and that “the potential for abuse is apparent where no mechanism exists for allowing former counsel, whose integrity or competence is being, impugned, to present his version of events if he so chooses, thereby discouraging baseless allegations”); see also Twum v. INS, 411 F.3d 54, 59 (2d Cir.2005) (stating that “[w]e have upheld the application of [the Loza-da ] requirements to screen ineffective assistance claims wfere appropriate” because “these requirements serve to deter meritless claims and to provide a basis for determining whether counsel’s assistance was in fact ineffective”). .
citation_b.signal: see also
citation_b.identifier: 411 F.3d 54, 59
citation_b.parenthetical: stating that "[w]e have upheld the application of [the Loza-da ] requirements to screen ineffective assistance claims wfere appropriate" because "these requirements serve to deter meritless claims and to provide a basis for determining whether counsel's assistance was in fact ineffective"
citation_b.sentence: See Lozada, 19 I. & N. Dec. at 639 (emphasizing that “[w]here essential information is lacking, it is impossible to evaluate the substance of such claim” and that “the potential for abuse is apparent where no mechanism exists for allowing former counsel, whose integrity or competence is being, impugned, to present his version of events if he so chooses, thereby discouraging baseless allegations”); see also Twum v. INS, 411 F.3d 54, 59 (2d Cir.2005) (stating that “[w]e have upheld the application of [the Loza-da ] requirements to screen ineffective assistance claims wfere appropriate” because “these requirements serve to deter meritless claims and to provide a basis for determining whether counsel’s assistance was in fact ineffective”). .