Doty

MEMORANDUM *

Helen Gozum Doty, aka Helen De Guzman Boulsan Doty, aka Helen Bolusan Clemente (“Doty”) petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of her motion to reopen. She argues that the BIA abused its discretion in denying her motion to reopen because her former counsel’s conflict of interest constituted ineffective assistance. We have jurisdiction pursuant to 8 U.S.C. § 1252 (b), and we grant the petition.

“Ineffective assistance of counsel in a deportation proceeding is a denial of due process under the Fifth Amendment if the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his case.” Ortiz v. INS, 179 F.3d 1148, 1153 (9th Cir.1999) (citing Lopez v. INS, 775 F.2d 1015, 1017 (9th Cir.1985)). To prove a Fifth Amendment due process violation, the alien must show (1) error from the ineffective assistance of counsel, and (2) substantial prejudice. Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (alien “must show error and substantial prejudice”); Ortiz, 179 F.3d at 1152 (“Due process challenges to deportation proceedings require a showing of prejudice to succeed.”).

To show that her counsel erred in…