Mendoza

*339 MEMORANDUM ***

Petitioner Rodolfo Ebalo Mendoza (“Mendoza” or “Petitioner”) appeals the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen his deportation proceedings. 1 Mendoza argues that the BIA abused its discretion in denying his motion to reopen because (1) his former attorney’s failure to appeal his deportation constituted ineffective assistance of counsel and (2) his former attorney’s failure to file a petition for an employment-based visa constituted ineffective assistance of counsel.

We find that Petitioner’s former counsel’s failure to appeal his deportation order to the BIA was ineffective assistance of counsel, preventing Petitioner from presenting his appeal. Therefore, we grant the motion to reopen and remand to the BIA to consider Petitioner’s appeal of the Immigration Judge’s (“IJ”) decision on the merits. Because the parties are familiar with the facts, we recite here only those facts necessary to explain our decision.

I. BACKGROUND

Mendoza, a native and citizen of the Philippines, entered the United States on March 16, 1990 with a visitor visa. Mendoza overstayed his visa without authorization, but received temporary work…