U.S. Court of Appeals for the Ninth Circuit, 2010

Oralia Munoz-Lechuga v. Eric H. Holder Jr.

Oralia Munoz-Lechuga v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided August 2, 2010 · Fletcher, Reinhardt, Wardlaw
390 F. App'x 702

Oralia Munoz-Lechuga v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Oralia Munoz-Lechuga, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We grant and remand the petition for review.

Because the BIA failed to address the ineffective assistance of counsel claim raised by Munoz-Lechuga in her motion to accept her late-filed brief, we remand for the BIA to consider her claim in the first instance. See Singh v. Gonzales, 416 F.3d 1006, 1015 (9th Cir. 2005).

PETITION FOR REVIEW GRANTED; REMANDED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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