United States Ninth Circuit

In a petition for review of an order of the BIA denying petitioner's motion to reopen, petition is granted where the BIA abused its discretion by holding that prior counsel was not ineffective because counsel made a tactical decision to forgo seeking a stay of voluntary departure in favor of filing a motion to remand and that petitioner was not prejudiced by prior counsel's failures, because he was ineligible for adjustment of status on account of his voluntary failure to comply with an order of voluntary departure.

Appellate Information

• Decided 07/21/2011
• Published 07/21/2011

Judges

• FLETCHER

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert B. Jobe, Jessica Segall