FILED
NOT FOR PUBLICATION JUN 09 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
EZZ-ELDIN MOHRAN, No. 09-71464
Petitioner, Agency No. A095-127-237
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Ezz-Eldin Mohran, a native and citizen of Egypt, petitions pro se for review
of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C.
*
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).
§ 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen
and review de novo legal and constitutional claims, including claims of ineffective
assistance of counsel. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.
2005). We grant the petition for review.
The BIA abused its discretion in denying Mohran’s motion to reopen by
requiring strict compliance with the procedural requirements set forth in Matter of
Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988). The ineffective assistance of
Mohran’s prior counsel was plain on the face of the record where the record shows
prior counsel mistakenly failed to request voluntary departure before the
immigration judge issued his decision. See Rodriguez-Lariz v. INS, 282 F.3d 1218,
1227 (9th Cir. 2002).
In light of our disposition, we need not reach Mohran’s remaining
contentions.
We deny Mohran’s motion to submit evidence into the record.
PETITION FOR REVIEW GRANTED; REMANDED.
2 09-71464