Dearinger

The government appeals from the district court’s grant of a writ of habeas corpus to David Dearinger and Victor Li-tovchenko on behalf of Natalia Volkova. The district court directed the government to reissue the order of deportation so that Volkova has a new thirty-day period in which to appeal the Board of Immigration Appeals’ (BIA) denial of her claim for asylum and withholding of deportation to the Ninth Circuit. The government argues that the district court lacked jurisdiction over the petition, and that it erred in finding ineffective assistance of counsel. We affirm the district court’s finding of jurisdiction and grant of the petition.

BACKGROUND

Volkova entered the United States on May 20, 1993 on a six-month tourist visa. She applied for asylum on June 22, 1993. The Asylum Officer denied asylum. Vol-kova overstayed her tourist visa, and on October 12, 1995, the INS issued an order to show cause charging Volkova as being deportable pursuant to 8 U.S.C. § 1231 (a)(1)(B) for overstaying her tourist visa. She applied for asylum, withholding of deportation, and voluntary departure.

The Immigration Judge (“IJ”) held a hearing on October 10, 1996. The IJ found that Volkova…