Flores-Eustaquio

Flores-Eustaquio v. Gonzales

Good Law
217 F. App'x 732
United States Court of Appeals for the Ninth CircuitJanuary 16, 2007No. 05-72105California341 words

Opinion

Lead Opinion

MEMORANDUM **

Antonio Flores-Eustaquio, his wife Adela Gomez-Chavez, and their son Marco Flores-Gomez, natives and citizens of Mexico, petition for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reconsider. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for abuse of discretion, *733 Cano-Merida v. INS, 811 F.3d 960, 964 (9th Cir.2002), we grant the petition for review and remand for farther proceedings.

The BIA abused its discretion in denying the motion to reconsider, because Petitioners’ second motion to reopen, filed on June 29, 2004, included evidence of Petitioners’ substantial compliance with the requirements of Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988): First, Petitioners provided affidavits and notices of appearance to substantiate their representation agreement with prior counsel. Second, they submitted copies of letters to prior counsel informing them of the alleged ineffective assistance and providing opportunities to respond. Third, they submitted copies of complaints filed with the California and New Jersey state bar associations. See Castillo-Perez v. INS, 212 F.3d 518, 525 (9th Cir.2000) (discussing…

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