Saldivar

MEMORANDUM **

Petitioner Elena Saldivar is a native and citizen of Mexico who has three minor United States citizen children. On appeal, Petitioner has consolidated three petitions for review. We grant petition No. OS-77176, the BIA’s denial of Petitioner’s mo *400 tion to reopen based on ineffective assistance of counsel and deny the others as moot.

We review claims of due process violations due to ineffective assistance of counsel de novo. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). “Ineffective assistance of counsel in a deportation proceeding is a denial of due process under the Fifth Amendment if the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his case.” Lin v. Ashcroft, 377 F.3d 1014, 1023 (9th Cir.2004) (quoting Lopez v. INS, 775 F.2d 1015, 1017 (9th Cir.1985)). An ineffective assistance of counsel claim requires Petitioner to prove: (1) counsel failed to perform with sufficient competence, and (2) Petitioner was prejudiced by her counsel’s performance. Maravilla Maravilla v. Ashcroft, 381 F.3d 855, 858 (9th Cir.2004).

Upon her counsel Martin Resendez Guajardo’s advice, Petitioner married the father of her…