Santiago-Rodriguez, et al. v. Holder, Jr., No. 06-75319 (9th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of Mexico, petitioned for review of the BIA's order affirming the IJ's decision that petitioner did not suffer from ineffective assistance of counsel and declining to address the remainder of the issues raised in petitioner's brief. At issue was whether an alien in removal proceedings could withdraw his former attorney's admission of the government's factual allegations when the propriety of the admission had been severely undercut by subsequent legal developments that could, in fact, mean that the admission was false. The court granted the petition for review and remanded to the BIA for it to consider the IJ's alternative holding that petitioner's testimony established that he "knowingly encouraged, induced, assisted, or aided" his brother to enter the United States illegally. If the agency ultimately concluded that the government had not carried its burden of proving that petitioner was removable for smuggling his brother, petitioner must be given the opportunity to seek a waiver for the ground of removeability that he did not contest, the smuggling of his wife.
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