Moya-Garcia

MEMORANDUM ***

This removal proceeding, involving a claim for cancellation of removal pursuant to 8 U.S.C. § 1229b(b), has gone on far too long. The record reflects delays, late filings, and the failure to present proper documentation on the part of lawyer after lawyer. The Moyas’ first attorney failed to meet with them prior to their Master Calendar hearing. The Moyas’ second attorney did not timely request a continuance or timely file documentation supporting their applications for cancellation of removal. Their third attorney failed to supply documentation to the BIA sufficient to comply with the procedural requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988). The precedent that this case most closely resembles is Ray v. Gonzales, 439 F.3d 582 (9th Cir.2006). “Like a set of nested Russian dolls, this case reveals one layer of allegedly incompetent representation after another.” Id. at 588 .

The BIA erred in concluding that the Moyas had not shown ineffective assistance. In their original appeal to the BIA, the Moyas submitted an affidavit showing that they hired a particular law office to help them with their applications, and the affidavit reflects that…