Venegas Rodriguez v. Holder

U.S. Court of Appeals for the Ninth Circuit
Venegas Rodriguez v. Holder, 438 F. App'x 591 (9th Cir. 2011)

Venegas Rodriguez v. Holder

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.

Reference

Full Case Name
Yesica Venegas RODRIGUEZ, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished