Diaz

MEMORANDUM **

Jose Ines Munoz Diaz and his wife Liboria Figueroa Quintana, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) orders denying two consecutive motions to reopen. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion, and review claims of due process violations due to ineffective assistance of counsel de novo. See Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We grant the petition for review in No. 04-74963, and dismiss the petition in No. 06-73017.

We disagree with the BIA’s conclusion that petitioners failed to demonstrate that their former attorney provided ineffective assistance of counsel. See Mohammed, 400 F.3d at 793 (petitioner must demonstrate that counsel failed to perform with sufficient competence in order to prevail on an ineffective assistance of counsel claim). At the hearing before the Immigration Judge (“IJ”), former counsel did not submit any medical documentation of petitioners’ U.S. citizen son’s severe allergic reaction to mosquito bites, suffered on a trip to Mexico. The IJ’s decision noted at several…