Sanchez Rosales v. Barr, No. 18-70666 (9th Cir. 2020)Annotate this Case
The Ninth Circuit granted a petition for review of the BIA's decision denying petitioners' motion to reopen. Petitioners contend that ineffective assistance of a non-attorney notario who advised them not to attend their hearing caused them to be ordered removed in absentia.
The panel concluded that the BIA erred by treating petitioners' failure to show prejudice caused by the alleged ineffective assistance as a basis for denying their motion to reopen proceedings. The panel explained that a showing of prejudice is not required when ineffective assistance leads to an in absentia order of removal. Therefore, in light of this conclusion, the panel need not reach the BIA's decision denying petitioners' motion to reopen proceeding to allow petitioners to apply for cancellation of removal.