Santiago-Rodriguez v. Holder, 2011 U.S. App. LEXIS 18667

Background

Santiago-Rodriguez, an LPR since 1999, is a Mexican citizen who married in 1999 and later traveled to Mexico with his wife and brother.
Santiago and family allegedly entered the United States with false I-551 documents; he crossed the border and was detained with his wife and brother nearby.
An attorney (Dominguez) admitted on Santiago's behalf that he admitted the NTA allegations and conceded removability in a venue-change motion; signatures were contested as not Santiago's.
A second venue-change motion was filed with Santiago's prior counsel and included admissions; the record shows possible forgery and lack of informed review with Santiago.
After venue was moved to Los Angeles, Santiago was represented by Vega; the IJ later held the earlier admissions binding and later considered an alternative that could negate removability, but the BIA and IJ did not allow withdrawal of admissions.
In 2003–2004, Santiago sought to reopen; new counsel (Matten) argued ineffective assistance; the IJ denied suppression but allowed withdrawal of admissions; the BIA denied several issues, prompting a Ninth Circuit petition for review and remand.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Velasquez binds Santiago to his counsel's admissions	Dominguez's admission bound Santiago under Velasquez.	Vega's actions cannot bind for Velasquez's criteria; Dominguez's admissions may be bound but only if criteria met.	Velasquez binding not met for Vega; Dominguez's admissions could be binding but only if criteria met and not undermined by later law.
Whether egregious circumstances justify withdrawing the admission	The admission should be withdrawn under Velasquez due to egregious circumstances (ineffective assistance).	No egregious circumstances shown; admissions should stand.	The court identified three egregious circumstances and found Dominguez's admission constituted ineffective assistance, warranting withdrawal.
Whether Altamirano changed the legal framework for smuggling and affected the admission	Altamirano clarifies smuggling law; reliance on admission may be unjust if the law changed.	Altamirano does not negate the admitted facts or binding effects absent egregious circumstances.	Altamirano's clarified standard undermined the earlier admission, supporting relief if reliance would yield unjust result.
Did the BIA err by not remanding to address the IJ's alternate holding	The BIA should consider the alternate holding that Santiago's testimony could negate removability.	BIA properly declined to reconsider due to previous determinations.	The petition was granted; remanded to consider the IJ's alternative holding.
Was Dominguez's admission the product of ineffective assistance and prejudice	Dominguez failed to investigate facts and admitted without basis, prejudicing Santiago.	Admissions may have been reasonable strategic decisions under uncertain law.	The court held Dominguez's admission was ineffective assistance, prejudicial, mandating withdrawal.

Key Cases Cited

Aguilar Gonzalez v. Mukasey, 534 F.3d 1204 (9th Cir. 2008) (acquiescence not an affirmative act; distinguishing coercive or dependent admissions)
Altamirano v. Gonzales, 427 F.3d 586 (9th Cir. 2005) (defines 'affirmative act' of smuggling; clarifies law governing smuggling)
Lara-Torres v. Ashcroft, 383 F.3d 968 (9th Cir. 2004) (due process and effective assistance in immigration proceedings)
Ma i v. Gonzales, 473 F.3d 162 (5th Cir. 2006) (ineffective assistance when counsel's actions deprive ability to present relief)
Martsom v. Saleh, 2008 WL 5025192 (9th Cir. 2008) (per curiam; review of withdrawal decisions in BIA proceedings)
Torres-Chavez v. Holder, 567 F.3d 1096 (9th Cir. 2009) (attorney's conceded defenses and effectiveness; prejudice standard)
Ray v. Gonzales, 439 F.3d 582 (9th Cir. 2006) (presumption of prejudice where ineffective assistance prevents relief)
Hernandez-Guadarrama v. Ashcroft, 394 F.3d 674 (9th Cir. 2005) (burden of proof for removability and clear and convincing standard)