Singh

MEMORANDUM **

Gurdip and Kamlesh Singh, husband and wife and natives and citizens of India, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen proceedings based on ineffective assistance of counsel. We have jurisdiction 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 de novo. See Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We grant the petition for review and remand.

The BIA properly concluded that Petitioners are entitled to a rebuttable pre *2 sumption of prejudice because their former attorney failed to file a brief on appeal. See Amarjit Singh v. Ashcroft, 367 F.3d 1182, 1189 (9th Cir.2004) (where BIA summarily dismissed appeal for failure to file a brief, petitioner was deprived of meaningful appellate review, and was entitled to a rebuttable presumption of prejudice). However, we disagree with the BIA’s conclusion that the presumption is rebutted in this case. See id. (presumption is not rebutted if alien is able to show plausible grounds for relief from removal).

Although the BIA recited the correct prejudice…