Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective assistance of counsel. We conclude the BIA did not adequately...
Paucar v. Garland "Petitioner Juan Pablo Paucar petitions for review of a January 22, 2021 Board of Immigration Appeals (“BIA”) decision (1) affirming an Immigration Judge’s denial of his application for cancellation of removal and (2)...
Singh v. Garland "Singh argues the BIA committed legal error in denying his motion to reopen because it failed to cite or apply the prejudice standard from Matter of Lozada and its progeny—i.e., that the alien “show a reasonable likelihood that the outcome...
Saint Ford v. Atty. Gen. "The need for effective assistance of counsel applies in immigration law just as it does in criminal law. Aliens, many of whom do not speak English and some of whom are detained before their immigration hearings, can be particularly...
Saint Ford v. Garland "The need for effective assistance of counsel applies in immigration law just as it does in criminal law. Aliens, many of whom do not speak English and some of whom are detained before their immigration hearings, can be particularly...
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 of counsel, which he filed...
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 the ineffective...
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 exercise...
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 of commensurate...
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 and with the...
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...
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 agreement and equivocal...
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 resulting in...
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 of counsel because her former...
PM 19-06, effective Jan. 1, 2018 PM 19-07, effective Dec. 19, 2018