Esquivel-Gil

MEMORANDUM **

Jose Elias Esquivel-Gil, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen deportation proceedings due to ineffective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the denial of motions to reopen for abuse of discretion and review questions of law, including due process claims, de novo. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We grant the petition for review and remand for further proceedings.

The BIA applied the wrong standard in determining whether the performance of prior counsel resulted in prejudice to Esquivel-Gil. The BIA required Esquivel-Gil to demonstrate that he or his qualifying relatives would suffer extreme hardship upon Esquivel-Gil’s deportation, see 8 U.S.C. § 1254 (a)(1) (repealed 1997), when he need only demonstrate that the deficient performance by counsel may have affected the outcome of the proceedings, see Maravilla Maravilla v. Ashcroft, 381 F.3d 855, 858-59 (9th Cir.2004) (per curiam) (BIA abused its discretion when it directly adjudged question of whether petitioners would win or lose claim when…