Longrong Liang v. Gonzales

MEMORANDUM **

Longrong Liang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from the Immigration Judge’s (“IJ”) order denying her motion to reopen proceedings in which she was ordered removed in absentia. We review the denial of a motion to reopen for abuse of discretion, Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005), and review findings of fact regarding ineffective assistance of counsel for substantial evidence, Lin v. Ashcroft, 377 F.3d 1014, 1024 (9th Cir.2004). We grant the petition for review.

An alien who is ordered removed during proceedings conducted in absentia may move to reopen to rescind the in absentia order if she can demonstrate that she failed to attend due to exceptional circumstances. See 8 U.S.C. § 1229a(b)(5)(C)(i). This court has recognized that ineffective assistance of counsel by a non-attorney representing himself as an attorney may qualify as an exceptional circumstance. See Lopez v. INS, 184 F.3d 1097, 1100 (9th Cir.1999). Contrary to the IJ’s determination, Liang demonstrated compliance with *619 the procedural…