Carrera

MEMORANDUM **

Eloísa Gonzalez Carrera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders denying her motion to reopen due to ineffective assistance of counsel and dismissing her appeal from an immigration judge’s order of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review due process claims de novo. Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002). We grant the petition for review in No. 04-75764 and deny the petition for review in No. 04-73773.

The government contends that Carrera does not have a due process right to effective assistance of counsel in removal proceedings and, in any case, cannot demonstrate prejudice because the underlying relief sought is discretionary. Under Ninth Circuit case law, aliens have a due process right to effective assistance of counsel derived from the Fifth Amendment. See Rodriguez-Lariz, 282 F.3d at 1226 ; see also Castillo-Perez v. INS, 212 F.3d 518, 526-27 (9th Cir.2000) (finding prejudice resulting from ineffective assistance of counsel in context of an application for discretionary relief).

Carrera was denied her right to effective assistance of counsel when…