United States Ninth Circuit

Petition for review is granted and matter is remanded for BIA to reopen petitioner's case and allow him to file his cancellation application on the basis of ineffective assistance of counsel, where: 1) petitioner's motion complied with the requirements of Matter of Lozada where it included a copy of his complaint to the California Bar against his attorney; and 2) the attorney's failure to file petitioner's cancellation application prevented him from reasonably presenting his case, and he was prejudiced by the lawyer's ineffective assistance.

Appellate Information

• Decided 02/06/2013
• Published 02/06/2013

Judges

• KOZINSKI

Court

• United States Ninth Circuit

Counsel