The Board of Immigration Appeals denied Petitioner's motion to reopen removal proceedings on the basis of ineffective assistance of counsel. The United States Court of Appeals for the Ninth Circuit reversed and remanded finding there is no need to file a bar complaint as described in Matter of Lozada, 19 I&N Dec. 637, 639 (BIA 1988) when an ineffective assistance of counsel claim is based on failure to file a timely appeal. See Rodriguez-Lariz v. INS, 282 F.3d 1218, 1227 (9th Cir. 2002). Counsel filed a subsequent claim for attorneys' fees and costs pursuant to 28 U.S.C. ยง 2412(b).