Singh v. Holder

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT FEB 23 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS JATINDER PAL SINGH, No. 06-74484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