Nyang v. U.S. Atty. Gen. "Nyang petitions for review of the order of the Board of Immigration Appeals (“BIA”) denying his second motion to reopen his removal proceedings (“second motion”) based on claims of ineffective assistance... Read More
Matter of Melgar, 28 I&N Dec. 169 (BIA 2020) (1) Counsel’s acceptance of responsibility for error does not discharge the disciplinary authority complaint obligation under Matter of Lozada, 19 I&N Dec. 637 (BIA 1988), particularly where... Read More
Matter of H-Y-Z-, 28 I&N Dec. 156 (BIA 2020) - Absent a showing of prejudice on account of ineffective assistance of counsel, or a showing that clearly undermines the validity and finality of the finding, it is inappropriate for the Board to favorably... Read More
Calderon-Rosas v. Atty. Gen. "Immigration law is a field in which fair, accurate factfinding is of critical importance. The need in immigration proceedings for effective attorneys who can competently marshal the evidence on each side is therefore... Read More
Sow v. Barr "Hamid Sow, a citizen of Guinea, seeks review of the Board of Immigration Appeals’ (BIA) denial of his motion to remand based upon ineffective assistance of counsel and motion to reopen based upon new evidence. After careful review... Read More
US v. Dohou "We hold that a removal order that was never in fact reviewed by an Article III judge remains subject to collateral attack in a hindering-removal prosecution based on that order. The Immigration and Nationality Act authorizes such collateral... Read More
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... Read More
U.S. v. Carrillo Murillo "Appellant prioritized immigration in the plea negotiation process and had a significant reason to do so: avoiding mandatory separation from his family and his home. The qualified statements from Appellant’s plea... Read More
Doe v. US "The petition argues that Doe’s defense counsel was ineffective in affirmatively assuring him that there should be no immigration consequences for pleading guilty when, in fact, the crime to which he pleaded was an aggravated felony... Read More
Flores-Panameno v. US Atty. Gen. "Elida Antonia Flores-Panameno petitions for review of the Board of Immigration Appeals’s (“BIA”) dismissal of her appeal. In short, Flores-Panameno asserts she received ineffective assistance... Read More
PM 19-06, effective Jan. 1, 2018 PM 19-07, effective Dec. 19, 2018 Read More
Jae Lee v. U.S., June 23, 2017 - "Petitioner Jae Lee was indicted on one count of possessing ecstasy with intent to distribute. Although he has lived in this country for most of his life, Lee is not a United States citizen, and he feared that a criminal... Read More
Taylor v. State, Feb. 28, 2018 - "This is a post-conviction relief (PCR) matter in which Petitioner Gregg Taylor, a Jamaican citizen, pled guilty to a drug offense. Petitioner resided in South Carolina for years with his wife and two children... Read More
CLINIC Training and Legal Support Senior Attorney Michelle N. Mendez writes: "The ASAP team of Swapna Reddy, Dorothy Tegeler, and Liz Willis has done it again. With just a few days before her check-in with Atlanta ICE ERO, a mother reached out to... Read More
Murillo-Robles v. Lynch, Oct. 11, 2016 - "Although the Board of Immigration Appeals (BIA) has broad discretion in the disposition of motions to reopen, broad discretion is not the same as unfettered discretion. This case, which arises out of an in... Read More