Rodriguez-Vazquez filed a petition for review under 8 U.S.C. 1252, arguing that the Board of Immigration Appeals had erred in dismissing his appeal as abandoned for failing to provide an address at which he could be reached. He argued that his prior attorney—who had been suspended from practice during the pendency of his appeal –had provided an incomplete address for him to the agency, leading to his appeal being dismissed for failing to provide a correct/updated address, and that this ineffective assistance was clear from the record.
We agreed to remand the case back to the Board of Immigration Appeals because, in reissuing its decision at Rodriguez-Vazquez’s request, the Board had ignored evidence in the motion to reissue that contained Rodriguez-Vazquez’s complete address and made clear that his prior attorney had omitted Rodriguez-Vazquez’s apartment number on the notice to appeal.