Juan Figueroa v. ERIC H. HOLDER, JR., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN FIGUEROA,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
No. 07-74448
Agency No. A041-328-097
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted April 13, 2010
San Francisco, California
Before: KLEINFELD, TASHIMA, and THOMAS, Circuit Judges.
Petitioner seeks review of the Board of Immigration Appeals’ (“BIA”)
October 2007 order denying his motion to reopen his deportation proceedings
based on ineffective assistance of counsel. We have jurisdiction pursuant to 8
U.S.C. § 1252. We grant the petition for review and remand to the BIA for
reconsideration of petitioner’s motion to reopen.
FILED
APR 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Because the government agrees that the matter should be remanded to the
BIA on an open record for full reconsideration of petitioner’s motion to reopen, we
do not reach any of the discrete issues raised by either party. On remand, the BIA
will consider all issues the parties have raised, including whether petitioner is
entitled to equitable tolling of the deadline for filing his motion to reopen, whether
counsel’s failure to argue during petitioner’s deportation proceedings that
petitioner’s conviction did not amount to an aggravated felony in light of United
States v. Rivera-Sanchez, 247 F.3d 905 (9th Cir. 2001) (en banc), amounted to
ineffective assistance of counsel, and whether counsel’s failure to file a motion to
reopen based on petitioner’s alleged back injury amounted to ineffective assistance
of counsel.
PETITION FOR REVIEW GRANTED; REMANDED.

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