U.S. Court of Appeals for the Ninth Circuit, 2011

Venegas Rodriguez v. Holder

U.S. Court of Appeals for the Ninth Circuit · Decided June 16, 2011 · Beezer, Trott, Rymer

438 F. App'x 591

Counsel

Yesica Venegas Rodriguez, pro se., Steven Arthur Seick, Steven A. Seick, Attorney at Law, San Diego, CA, for Petitioners., James Eugene Grimes, Senior Litigation Counsel, Oil, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Opinion

MEMORANDUM **

Yesica Venegas Rodriguez petitions for review of the BIA’s denial of her motion to reopen due to ineffective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252. We remand to the BIA to consider the effect, if any, of Mercado-Zazueta v. Holder, 580 F.3d 1102 (9th Cir. 2009), which was decided after the BIA’s decision. Additionally, if appropriate, the BIA may consider whether Rodriguez was prejudiced by her prior counsel’s performance and any other relevant issues.

PETITION GRANTED; REMANDED.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.