Venegas Rodriguez v. Holder , 438 F. App'x 591 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 16 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
YESICA VENEGAS RODRIGUEZ, No. 07-73224
Petitioners, Agency No. A078-084-847
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 9, 2011 **
Pasadena, California
Before: BEEZER, TROTT, and RYMER, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
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