Jorge Valle v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION JUN 09 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JORGE LOZANO VALLE, No. 09-73606
Petitioner, Agency No. A075-648-885
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Jorge Lozano Valle, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s order denying his motion to reopen based on ineffective
assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
abuse of discretion the denial of a motion to reopen, Ghahremani v. Gonzales, 498
F.3d 993, 997 (9th Cir. 2007), and we grant the petition for review.
The agency appears to adopt an incorrect legal standard, conflating events
that warrant suspicion of former counsel’s conduct with actual knowledge of
former counsel’s alleged errors. See Singh v. Gonzales, 491 F.3d 1090, 1096 (9th
Cir. 2007) (“[S]uspicion of the deficient representation does not constitute
definitive knowledge of the alleged fraud.”). Accordingly, we grant the petition
for review and remand to the agency. See generally INS v. Ventura, 537 U.S. 12,
16 (2002) (per curiam) (“[T]he proper course, except in rare circumstances, is to
remand to the agency for additional investigation or explanation.”) (citation
omitted).
PETITION FOR REVIEW GRANTED; REMANDED.
2 09-73606