NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 20-1597 ___________ RENE LUCAS, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA _______________________ On Petition for Review of a Decision of the Board of Immigration Appeals BIA No. A209-346-238 (U.S. Immigration Judge: Honorable David Cheng) ______________ Submitted Pursuant to Third Circuit LAR 34.1(a) November 10, 2020 Before: HARDIMAN, GREENBERG*, and SCIRICA, Circuit Judges. (Filed: February 12, 2021) ________________ OPINION** ________________ * The Honorable Morton I. Greenberg participated in the decision in this case, but died before the opinion could be filed. This opinion is filed by a quorum of the court. 28 U.S.C. § 46 and Third Circuit IOP 12.1(b). ** This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. SCIRICA, Circuit Judge Petitioner, Rene Lucas, appeals from the Board of Immigration Appeals’s denial of his motion to reopen the proceedings. Lucas contends the BIA abused its discretion in rejecting his ineffective assistance of counsel claim. The BIA found that Lucas’s claim was procedurally deficient because he failed to file a complaint against his former counsel or offer a sufficient explanation for failing to do so. We see no abuse of discretion. Lucas also contends he was denied due process because the Immigration Judge did not sufficiently warn him about certain consequences of a voluntary departure order. We hold the Immigration Judge communicated all the information required under the law. Accordingly, we will deny the petition for review. I. Lucas avers that he has lived in the United States since his entry in 1999. A Mexican citizen, he entered the United States without being admitted or inspected by an Immigration Officer. Since his entry, Lucas has at least four criminal convictions in the United States.1 On June 6, 2017, the Department of Homeland Security issued Lucas a Notice to Appear in removal proceedings, charging him with being subject to removal under 8 U.S.C. § 1182(a)(6)(A)(i). DHS promptly filed the Notice to Appear with the Elizabeth 1 In 2016, Lucas was convicted of refusal to consent to a breathalyzer test and driving without a license. In 2017, Lucas was convicted for driving without a license and pleaded guilty to disorderly conduct after being arrested and charged with domestic violence and simple assault. 2 Immigration Court. In response, Lucas submitted an application for cancellation of removal for non-permanent residents under 8 U.S.C. § 1229b. Lucas’s former counsel subsequently advised him that his application would most likely not be approved, but that the court would likely grant Lucas an order of voluntary departure. Lucas voluntarily withdrew his cancellation of removal application, and the Immigration Judge (“IJ”) issued an order of voluntary departure on April 16, 2019, giving Lucas a four-month period to voluntarily depart the country. On July 12, 2019, Lucas filed a motion to reopen based on the alleged ineffective assistance of his former counsel in failing to inform him that a voluntary departure order would—under 8 U.S.C. ...
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