Roderick Peralta Morin, A098 270 728 (BIA Mar. 26, 2012)

In this unpublished decision, the Board of Immigration Appeals (BIA), following a remand from the Ninth Circuit, reopened proceedings and stated that strict adherence to the requirements in Matter of Lozada, 19 I&N Dec. 637 (BIA 1988), is not necessary where an attorney concedes that his assistance was ineffective and presents evidence that he filed a bar complaint against himself, and there no evidence suggests collusion to cause delay in the proceedings. The decision was written by Member Garry Malphrus and joined by Member John Guendelsberger and by Member Ellen Liebowitz.