Navarro-Orozco

MEMORANDUM **

In these consolidated petitions Miguel Navarro-Orozco, a native and citizen of Mexico, seeks review of the Board of Immigration Appeals’ (“BIA”) orders denying his second motion to reopen deportation proceedings and motion to reconsider the denial of his second motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 (a)(1). We review for abuse of discretion the denial of both a motion to reopen and a motion to reconsider, see Lara-Torres v. Ashcroft, 383 F.3d 968 , 972 (9th Cir.2004), amended by, 404 F.3d 1105 (2005), and review de novo claims of ineffective assistance of counsel. See Volkova v. Reno, 232 F.3d 1042 , 1044-45 (9th Cir. 2000). We grant the petition for review of the denial of Navarro’s motion to reopen and remand for further proceedings.

Navarro’s prior counsel failed to (1) notify Navarro of the BIA’s order denying his claim for suspension of deportation; (2)

notify him of the 30-day voluntary departure period; and (3) timely file a motion to reopen within 90 days of the final BIA decision. These failures constitute ineffective assistance of counsel. See Rodriguez-Lariz v. INS, 282 F.3d 1218, 1226 (9th Cir.2002) (recognizing counsel was…