Rubio-Bentacourt

MEMORANDUM

Carlos Rubio-Bentacourt (“Bentacourt”) 1 , a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals’s (“BIA”) decision, which affirmed an Immigration Judge’s (“IJ”) order of removal and denied a motion to remand the case.

At the merits hearing, Bentacourt, represented by counsel, conceded the allegations supporting removal, namely he had been convicted of California Penal Code § 288(a) for Lewd and Lascivious Acts with a Child under the age of 14, pursuant to a guilty plea, a crime that constitutes the sexual abuse of a minor. 8 U.S.C. § 1101 (a)(43)(A).

In his motion to remand, Bentacourt alleged his attorney failed to file an application for relief from removal under 212(c) of the Immigration and Nationality Act, codified at 8 U.S.C. § 1182 (c) (1982). The BIA held Bentacourt did not comply with the requirements for making a claim of ineffective assistance of counsel set forth in Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988), aff'd, 857 F.2d 10 (1st Cir.1988), and further Bentacourt “has failed to establish prejudice as a result of the allegedly ineffective assistance of counsel.” Bentacourt timely filed this petition for…