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Immigration Law

CA6 on Ineffective Assistance of Counsel: Kada v. Barr

Kada v. Barr

"In this consolidated appeal, Petitioner Samir Kada seeks review of orders from the Board of Immigration Appeals (BIA) denying his motions to reopen. Kada argues that his due process rights were violated due to his attorney’s ineffective assistance. In the alternative, he claims that his attorney’s serious health problems turned the removal proceedings into a sham, violating his due process rights. For the following reasons, we GRANT Kada’s petition for review in Case No. 19-3218 based on his ineffective assistance of counsel claim. We VACATE the BIA’s order denying his second motion to reopen, and REMAND for further proceedings in that case."

[Hats off to Russell Abrutyn!]