Jatinder Pal Singh 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.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JATINDER PAL SINGH,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 06-74484
Agency No. A077-428-513
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011**
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Jatinder Pal Singh, a native and citizen of India, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen based
FILED
FEB 23 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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06-74484 2
on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252.
We grant the petition for review and remand.
At the time of its decision, the BIA did not have the benefit of the Attorney
General’s decision in Matter of Compean, 25 I & N Dec. 1 (A.G. 2009) (BIA has
power “to consider claims of ineffective assistance of counsel based on conduct of
counsel that occurred after a final order of removal had been entered.”). We
therefore remand for the BIA to consider Singh’s claim in light of this intervening
caselaw.
PETITION FOR REVIEW GRANTED; REMANDED.

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