Singh Sra v. Ashcroft

MEMORANDUM *

Manpreet Singh Sra petitions for review of the denial by the Board of Immigration Appeals (“BIA”) of his motion to reopen because of ineffective assistance of counsel. As the parties are familiar with the facts, procedural history, and arguments, we will not recount them here.

Sra has demonstrated ineffective assistance of counsel. He complied with the Lozada requirements regarding his allegation that his previous attorney failed to file a brief on appeal to the BIA despite having been retained to do so. Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir.2003) . Furthermore, “counsel’s failure to file a brief with the BIA, which resulted in summary dismissal, creates a presumption that [Sra] was prejudiced because his counsel’s mistake deprived him of a direct appeal to the BIA.” Id. at 825 . This presumption cannot be rebutted if Sra demonstrates “that the BIA could plausibly have determined that he was [eligible for relief] based on the record before it.” Singh v. Ashcroft, 367 F.3d 1182, 1189 (9th Cir.2004) (alteration in original). Here, Sra has demonstrated that he has plausible grounds for relief: He has been detained and severely beaten by government…