Venegas Rodriguez v. Holder

Ninth Circuit

Venegas Rodriguez v. Holder

438 F. App'x 591

Court of Appeals for the Ninth Circuit·Decided June 16, 2011·No. 07-73224·Unpublished

Opinion

MEMORANDUM **

Yesica Venegas Rodriguez petitions for review of the BIA’s denial of her motion to reopen due to ineffective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252. We remand to the BIA to consider the effect, if any, of Mercado-Zazueta v. Holder, 580 F.3d 1102 (9th Cir.2009), which was decided after the BIA’s decision. Additionally, if appropriate, the BIA may consider whether Rodriguez was prejudiced by her prior counsel’s performance and any other relevant issues.

PETITION GRANTED; REMANDED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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MEMORANDUM **

Yesica Venegas Rodriguez petitions for review of the BIA’s denial of her motion to reopen due to ineffective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252. We remand to the BIA to consider the effect, if any, of Mercado-Zazueta v. Holder, 580 F.3d 1102 (9th Cir.2009), which was decided after the BIA’s decision. Additionally, if appropriate, the BIA may consider whether Rodriguez was prejudiced by her prior counsel’s performance and any other relevant issues.

PETITION GRANTED; REMANDED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

Venegas Rodriguez v. Holder, 438 F. App'x 591 (9th Cir. 2011).

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