Donoso-Ortiz

MEMORANDUM **

Alexis Donoso-Ortiz, a native and citizen of Chile, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen based on ineffective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Lo v. Ashcroft, 341 F.3d 934, 937 (9th Cir.2003). We grant the petition for review and remand.

The BIA abused its discretion in denying Donoso-Ortiz’s motion for failure to comply with the requirements of Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), in his claim of ineffective assistance by his third attorney. Donoso-Ortiz substantially complied with the Lozada requirements by submitting a detailed affidavit, evidence that notice was given to the attorney, and his reason for not filing a disciplinary complaint against the attorney. See Lo, 341 F.3d at 937-38 (strict compliance not required where petitioner sufficiently explained absence of bar complaint and Lozada’s policy goals to discourage baseless claims and collusion were met); see also Ray v. Gonzales, 439 F.3d 582, 588 (9th Cir.2006).

The BIA also abused its discretion in denying the motion…