Popov-Patsenker

MEMORANDUM **

Alexander Popov, a native and citizen of Russia, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his *878 appeal from an immigration judge’s (“IJ”) order of removal and of the BIA’s denial of his motion to reopen and remand based on ineffective assistance of counsel. In the consolidated case, No.. 05-55834, Popov appeals from the district court’s denial of his habeas corpus petition.

1. We deny the petition for review insofar as it contends that Popov is not removable as charged for overstaying his visa. None of the authorities cited by Popov prohibits the government from commencing removal proceedings.

2. The BIA addressed Popov’s ineffective assistance of counsel claim insofar as it pertains to the revocation of his visa petition, concluding that he did not show prejudice from prior counsel’s failure to challenge the revocation or to appeal it: ‘We do not find on the face of the record ... that the DHS would have reversed itself upon receiving a response from the respondent’s counsel.” The BIA’s use of the “would have reversed itself’ standard is incorrect and an abuse of discretion. See Maravilla v. Ashcroft, 381 F.3d 855, 858 (9th…