Singh v. Holder, Jr., No. 07-70500 (9th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of India, appealed from the BIA's denial of his motion to reopen premised on ineffective assistance of counsel. Petitioner married a U.S. citizen during the pendency of his appeal from the IJ's denial of his affirmative asylum application. Petitioner was the beneficiary of an approved immediate relative visa, and sought to reopen so that he could apply for adjustment of status. The court held that the BIA's denial of petitioner's motion to reopen because counsel did not render ineffective assistance was an abuse of discretion. In addition, if petitioner's failure to depart was not "voluntary" under In re Zmijewska, he remained eligible for adjustment of status and counsel's failure prejudiced him. Accordingly, the court granted the petition for review and remanded for further proceedings.
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