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Rodriguez-Manzano v. Holder

The appellant challenges the Board of Immigration Appeals' dismissal of his initial appeal of the denial of his motion to reopen his deportation proceedings because of ineffective assistance of counsel, and he appeals its denial of his motion for reconsideration. The court affirms the denial of the first motion to reopen, because the appellant failed to comply with Lozada . Current regulations that impose timing requirements on motions to reopen do not apply to motions to reopen deportation proceedings that commenced before 1992. The motion for reconsideration is reversed and remanded to the BIA. 5th U.S. Circuit Court of Appeals, No. 09-60795, 01-09-2012.

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Before WIENER, CLEMENT, and ELROD, Circuit Judges.

Rodriguez-Manzano appeals both the Board of Immigration Appeals’ (“BIA’s”) dismissal of his initial appeal of the denial of his motion to reopen his deportation proceedings because of ineffective assistance of counsel and its denial of his motion for reconsideration. We AFFIRM the denial of Rodriguez-Manzano’s initial motion to reopen. We REVERSE the BIA’s denial of Rodriguez-Manzano’s motion for reconsideration, however, because it abused its discretion by ignoring its own precedent to require Rodriguez-Manzano to show that he had exercised due diligence in pursuing his ineffective assistance of counsel claim.

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