In this unpublished decision, the Board of Immigration Appeals (BIA), following a remand from the Ninth Circuit, vacated its prior decision and remanded for further consideration of a claim that respondent’s prior attorney provided ineffective assistance of counsel by failing to explain the consequences of waiving his right to appeal the immigration judge’s decision. The Board stated that because the respondent did not contest the validity of his appeal waiver in his previous appeal, it lacked jurisdiction to consider the motion. The decision was written by Member David Holmes.