Sandra Ramirez Mazariegos v. Eric Holder, Jr.

MEMORANDUM

Sandra Violeta Ramirez Mazariegos, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) decision denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and we review de novo claims of ineffective assistance in immigration proceedings, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We grant the petition for review and remand.

The BIA abused its discretion when it denied Mazariegos’s motion to reopen for failure to establish prejudice, because Mazariegos presented a plausible claim for relief, and her notary’s failure to file a brief to the BIA may have affected the outcome of her removal proceedings. See Singh v. Holder, 658 F.3d 879, 887 (9th Cir.2011).

PETITION FOR REVIEW GRANTED; REMANDED.

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