Gonzalez

MEMORANDUM *

Angeles Ortega appeals from the Board of Immigration Appeals’ (“BIA”) denial of Ortega’s motion to reopen her deportation proceedings. We have jurisdiction under 8 U.S.C. § 1252 (a), and we grant and remand to the BIA.

Because the BIA considered Ortega’s ineffective assistance of counsel argument and also determined that Ortega had not shown exceptional circumstances, we have jurisdiction even though Ortega did not make the argument before the BIA. See Socop-Gonzalez v. I.N.S., 272 F.3d 1176, 1186 (9th Cir.2001). Ortega complied with the procedural requirements for an ineffective assistance of counsel claim as established by the BIA in Matter of Lazada, 19 I. & N. Dec. 637 (BIA 1988). See Iturribarria v. I.N.S., 321 F.3d 889, 900 (9th Cir.2003). Ortega’s failure to voluntarily depart is excused by the exceptional circumstance of her counsel’s ineffective assistance. See Varela v. I.N.S., 204 F.3d 1237 , 1240 n. 6 (9th Cir.2000); In re Grijalva-Barrera, 21 I. & N. Dec. 472, 474 (BIA 1996). 1 Ortega must therefore be allowed to apply for suspension of deportation as though her counsel’s ineffective *687 assistance had not occurred. See Castillo-Perez v. I.N.S., 212…