Lopez Rizo v. Gonzales

MEMORANDUM **

Candido Lopez Rizo and Maricela Espinoza Montoya 1 petition for review of the October 28, 2005, per curiam decision of the Board of Immigration Appeals (“BIA”) adopting and affirming the decision of the Immigration Judge (“IJ”) denying the Lopezes’ application for cancellation of removal. We have jurisdiction over this matter under 8 U.S.C. § 1252 (a), because the Lopezes raise a colorable claim of a due process violation. See Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001). We review de novo due process challenges to final orders of deportation, and we will reverse a BIA decision if the proceeding was “so fundamentally unfair that the alien was prevented from reasonably presenting his case.” Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (quoting Platero-Cortez v. INS, 804 F.2d 1127, 1132 (9th Cir.1986)).

The Lopezes contend that their right to counsel in deportation proceedings was violated when the BIA failed to inform them that their attorney, Miguel Gadda, was suspended from practice before the BIA during the pendency of their appeal and failed to obtain a waiver of their right to counsel. We agree and grant the Lopezes’ petition for…