In a petition for review of the BIA's order dismissing petitioner's claim of ineffective assistance of counsel and denying his applications for relief under former Immigration and Nationality Act section 212(c) and the Convention Against Torture, the petition is granted in part where the failure of the Immigration Judge and BIA to consider evidence of country conditions constituted reversible error. However, the petition is denied in part where the Attorney General did not have authority to waive the grounds for petitioner's removal.
Argued and Submitted November 4, 2009
Filed February 4, 2010
Opinion by Judge Pregerson
Timothy Bo Stanton and Regan Hildebrand, United States Department of Justice, Washington DC