Osman Kemi v. Ashcroft

MEMORANDUM **

Abdurahman Osman Kemi, a native and citizen of Ethiopia, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reconsider its April 24, 1998 order finding that his appeal was untimely. We apply the transitional rules under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and we have jurisdiction under 8 U.S.C. § 1105a(a). Garcia v. INS, 222 F.3d 1208 , 1209 n. 2 (9th Cir.2000) (per curiam). We review for abuse of discretion the BIA’s denial of a motion to reconsider. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We review de novo both the BIA’s determination of purely legal questions, id., as well as claims of ineffective assistance of counsel, Dearinger ex rel. Volkova v. Reno, 232 F.3d 1042, 1044-45 (9th Cir.2000). We grant the petition for review and remand to the BIA

Kemi’s previous attorney filed a late notice of appeal of the immigration judge’s (“IJ”) denial of asylum, withholding and suspension of deportation. The BIA rejected the appeal as untimely. Kemi timely moved to reconsider. Kemi’s newly-retained counsel filed a supplemental brief arguing that the appeal was filed late because of…