Naranjo-Barrajas

Naranjo-Barrajas v. Holder

Good Law
356 F. App'x 923
United States Court of Appeals for the Ninth CircuitDecember 14, 2009Nos. 05-76737, 07-72147California298 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions for review, Armando Naranjo-Barrajas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision denying his application for adjustment of status and a BIA order denying his motion to reopen alleging ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petitions for review and remand.

In No. 05-76737, the IJ denied Naranjo-Barrajas’ adjustment of status application solely because at the time of his hearing the United States Citizenship and Immigration Services had not processed the I-130 visa petition submitted on his behalf by his United States citizen daughter, which has since been approved. We remand to the agency for reconsideration of Naranjo-Barrajas’ adjustment application in light of the BIA’s intervening decision in Matter of Hashmi, 24 I. & N. Dec. 785 (BIA 2009). See generally INS v. Ventu-ra, 537 U.S. 12, 16 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2002) (per curiam).

*924 In No. 07-72147, the BIA concluded that Naranjo-Barrajas’ prior counsel’s failure to challenge the IJ’s…

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