Mendez

*14 MEMORANDUM *

Petitioners seek review of (1) the Board of Immigration Appeals’ (BIA) denial of their motion to reopen, and (2) the BIA’s dismissal of their appeal of the Immigration Judge’s (IJ) order denying them cancellation of removal.

1. In their motion to reopen, petitioners claimed that they received ineffective assistance of counsel when an attorney failed to move for a stay of voluntary departure after the petition for review was filed in this court. They explained that, as a consequence of this alleged ineffective assistance, the period in which they could voluntarily depart expired. Petitioners asked the BIA to reissue the decision dismissing their appeal.

The BIA denied the motion on the ground that it lacked jurisdiction to provide the relief requested because the ineffective assistance occurred during judicial review proceedings. But, pursuant to 8 C.F.R. § 1003.2 (a), “[t]he Board may at any time reopen or reconsider on its own motion any case in which it has rendered a decision.” (Emphasis added.) This language demonstrates that the BIA does have jurisdiction to grant the request to reissue the same substantive decision with a later date of issuance, as it may…