ERVIN, Chief Judge:
Rafael Figeroa-Leyva petitioned this court for a review of a decision by the Board of Immigration Appeals, ("BIA") which upheld an order requiring Figeroa's deportation. The BIA found that Figeroa did not, as he claimed, suffer ineffective assistance of counsel and that, even if such ineffective assistance did occur, Figeroa suffered no prejudice because he could not
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