Samperio-Lopez
Samperio-Lopez v. Holder
Opinion
Lead Opinion
*647 MEMORANDUM **
Armando Samperio-Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 . Ghahremani v. Gonzales, 498 F.3d 993, 998 (9th Cir.2007). We review for abuse of discretion the denial of a motion to reopen, Castillo-Perez v. INS, 212 F.3d 518, 523 (9th Cir.2000), and we grant the petition for review and remand for further proceedings.
The BIA denied Samperio-Lopez’s motion to reopen in part because Samperio Lopez failed to comply fully with the procedural requirements contained in Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988). However, where the record demonstrates a clear and obvious case of ineffective assistance, full compliance with Lozada may be excused. See Castillo-Perez, 212 F.3d at 525-26 ; see also Rodriguez-Lariz v. INS, 282 F.3d 1218, 1227 (9th Cir.2002) (attorney’s failure to file a timely application for relief presents a “clear and obvious case of ineffective assistance”). Samperio-Lopez has substantially complied with Lozada by demonstrating that an…