Sandra Ramirez Mazariegos v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Sandra Ramirez Mazariegos v. Eric Holder, Jr., 471 F. App'x 715 (9th Cir. 2012)

Sandra Ramirez Mazariegos v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Sandra Violeta Ramirez Mazariegos, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) decision denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, and we review de novo claims of ineffective assistance in immigration proceedings, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We grant the petition for review and remand.

The BIA abused its discretion when it denied Mazariegos’s motion to reopen for failure to establish prejudice, because Mazariegos presented a plausible claim for relief, and her notary’s failure to file a brief to the BIA may have affected the outcome of her removal proceedings. See Singh v. Holder, 658 F.3d 879, 887 (9th Cir. 2011).

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.

Reference

Full Case Name
Sandra Violeta Ramirez MAZARIEGOS, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished