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

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

Counsel

Oralia Munoz-Lechuga, Las Vegas, NV, for Petitioner., Edward Earl Wiggers, Esquire, U.S. Department of Justice, Civil Division/Of-fiee of Immigration Litigation, Washington, DC, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, District Counsel, Esquire, Office of the District Counsel, Department of Homeland Security, Las Vegas, NV, for Respondent.

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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