NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT FEB 23 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
JATINDER PAL SINGH, No. 06-74484
Petitioner, Agency No. A077-428-513
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Jatinder Pal Singh, a native and citizen of India, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen based
*
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).
on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252.
We grant the petition for review and remand.
At the time of its decision, the BIA did not have the benefit of the Attorney
General’s decision in Matter of Compean, 25 I & N Dec. 1 (A.G. 2009) (BIA has
power “to consider claims of ineffective assistance of counsel based on conduct of
counsel that occurred after a final order of removal had been entered.”). We
therefore remand for the BIA to consider Singh’s claim in light of this intervening
caselaw.
PETITION FOR REVIEW GRANTED; REMANDED.
2 06-74484