Court of Appeals for the Ninth Circuit December 6, 2004, No. 03-71713 (Randhawa v. Ashcroft)

MEMORANDUM *

The BIA abused its discretion by dismissing Randhawa’s motion to reopen. Randhawa complied with the requirements of Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988), and can thus bring a claim of ineffective assistance of counsel. His former attorney’s ineffective assistance amounts to a deprivation of due process in violation of Randhawa’s Fifth Amendment rights.