LexisNexis® Legal Newsroom
Fifth Circuit on Lozada, due diligence: Rodriguez-Manzano v. Holder

"Rodriguez-Manzano argues that the BIA abused its discretion by denying his motion for reconsideration as well. The BIA concluded, and the government conceded at oral argument, that Rodriguez-Manzano had complied with Lozada by the time he filed his second motion to reopen. The BIA nevertheless...

Unpub. BIA Remand: Chile, Torture, Lozada, One-Year Bar, Tier III Terrorist Organization

Prof. Alizabeth Newman at the Immigrant & Refugee Rights Clinic, CUNY School of Law, writes: " Attached is a holiday surprise from the BIA that might be of interest to others. - Reversing IJ on the one yr. asylum bar finding extraordinary circumstances due to PTSD (entry 1984-filed 2008)...

CA9 on Third Prong of Lozada: Correa-Rivera v. Holder

"Here, we need not determine whether Correa-Rivera’s attorney’s ineffectiveness was sufficiently obvious from the record, so as to waive the Lozada requirements, because the BIA’s determination that Correa-Rivera failed to comply with Lozada was erroneous. The BIA held that Correa...