Rommel Valbuena v. Eric Holder, Jr.

MEMORANDUM

Rommel Anthony Valbuena, his wife Maria Teresa Valbuena, and their minor children Erika Nicole Valbuena and Giancarlo Valbuena, bring this consolidated appeal challenging (1) the BIA’s July 31, 2009 order affirming the Immigration Judge’s denial of their requests for asylum, withholding of removal, and protection under the Convention Against Torture, and (2) the BIA’s June 11, 2010 denial of their motion to reopen their case.

We have jurisdiction pursuant to 8 U.S.C. § 1252 . We GRANT the petition for review of the BIA’s denial of the motion to reopen in case number 10-71967, and we remand for further proceedings. We DISMISS AS MOOT the petition for review in case number 09-72749.

This Court reviews the BIA’s denial of a motion to reopen for an abuse of discretion, and reviews de novo questions of law, “including claims of due process violations due to ineffective assistance.” Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005); see also Kwong v. Holder, 671 F.3d 872, 880 (9th Cir.2011).

To establish prejudice from ineffective assistance of counsel, the Valbuenas must show that “the performance of counsel was so inadequate that it may have affected the outcome…