Uriarte

Uriarte v. Gonzales

Good Law
150 F. App'x 589
United States Court of Appeals for the Ninth CircuitSeptember 15, 2005No. 04-74456; Agency No. A75-652-821California410 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Luis Camacho Uriarte, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of his motion to reopen proceedings, in which he was ordered removed in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1252 . ‘Where, as here, the BIA adopts the IJ’s decision while adding its own reasons, we review both decisions.” Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). Reviewing for abuse of discretion, Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000), we grant the petition for review and remand for further proceedings.

*591 First, the agency abused its discretion by failing to explain why the address provided by Camacho Uriarte on his asylum application supports an in absentia removal order. See In re G-Y-R-, 23 I. & N. Dec. 181, 187 , 2001 WL 1515819 (BIA 2001) (en banc) (“[A]n address does not become a section 239(a)(1)(F) address unless the alien [actually or constructively] receives the warnings and advisals contained in the Notice to Appear”).

Second, both the IJ and the BIA abused their discretion in assessing Camacho Uriarte’s ineffective assistance of counsel…

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