United States Fifth Circuit

A petition for review of an order denying petitioner's motion to reopen his removal proceedings is granted where the BIA abused its discretion in denying the motion on the basis that his counsel was not ineffective, and the matter is remanded for a determination whether petitioner was prejudiced by his counsel's acts.

Appellate Information

• Decided 12/13/2006
• Published 12/14/2006

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, DAVIS and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Martha E. Garza, Bellaire, TX, Thomas F. Perkinson (argued), University of Houston Law Center, Houston, TX, for Petitioner.


• For Appellees:
  
• Andrew Cunningham MacLachlan (argued), U.S. Dept. of Justice, Civ. Div. Immigration Litigation, David V. Bernal, Thomas Ward Hussey, Director, Alberto R. Gonzales, U.S. Dept. of Justice, Washington, DC, Kenneth L. Pasquarell, Acting Dist. Director, U.S. I.N.S., San Antonio, TX, Caryl G. Thompson, U.S. I.N.S., Attn:  Joe A. Aguilar, New Orleans, LA, for Respondent.