In a case of first impression, the Ninth Circuit held ineffective assistance certifications are committed to agency discretion by the plain language of 8 CFR §1003.1(c), which contains no standard or meaningful guidance sufficient for judicial review.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, Certification, ineffective assistance of counsel | Leave a comment »
According Chevron deference to the BIA’s decision, the Fifth Circuit held that the BIA did not err in denying the petitioner’s motion to reconsider her motion to reopen and found that the petitioner had waived her ineffective assistance of counsel claim by failing to brief the issue on appeal.
Filed under: best deportation attorney | Tagged: BIA, fith circuit, iac, ineffective assistance of counsel | Leave a comment »
The Ninth Circuit granted in part and denied in part the petition for review, holding that petitioner’s ineffective assistance of counsel claim did not warrant equitable tolling of the limitations period for his untimely filed motion to reopen. However, the court also found that the BIA’s decision declining to exercise its sua sponte authority to reopen proceedings was based on an erroneous understanding of the legal principles concerning the relationship between prior deportation, reopening of deportation proceedings, and eligibility for INA §212(c) relief.
https://cbocalbos.wordpress.com/tag/sua-sponte/
https://cbocalbos.wordpress.com/tag/decision-on-review-of-sua-sponte-reopening/
https://cbocalbos.wordpress.com/tag/sua-sponte-reopening/
https://californiaimmigration.us/motion-to-reopen-granted-for-religious-person/
Filed under: Immigration Attorney | Tagged: Deportation, iac, ineffective assistance of counsel, sua sponte reopening | Leave a comment »
https://cbocalbos.wordpress.com/tag/criminal/
https://cbocalbos.wordpress.com/tag/criminal-attorney/
https://cbocalbos.wordpress.com/tag/criminal-relief/
Filed under: criminal relief | Tagged: criminal relief, iac, ineffective assistance of counsel, motions to vacate conviction | Leave a comment »
The Ninth Circuit granted the petition for review, holding that the petitioner was entitled to equitable tolling of his untimely motion to reopen, because his lawyer’s advice to pursue a form of immigration relief for which the petitioner was statutorily ineligible constituted ineffective assistance of counsel. The court remanded to the Board of Immigration Appeals (BIA) with instructions to grant the petitioner’s motion to reopen.
Filed under: Immigration Attorney | Tagged: BIA, board of immigration appeals, iac, ineffective assistance of counsel, motion to reopen, MTR | Leave a comment »
BIA rules on adverse credibility findings based on fraudulent documents
BIA issues two crime related decisions
Filed under: BIA | Tagged: #bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, iac, Immigration, Immigration Attorney, Immigration Lawyer, ineffective assistance of counsel, motion to reopen, Motion to Reopen with the BIA, MTR | Leave a comment »
The Ninth Circuit reversed the district court’s dismissal of a petition for a writ of error coram nobis, finding that the rule in United States v. Kwan—affirmative misrepresentations by defense counsel regarding immigration consequences of a conviction can constitute the basis for an ineffective assistance of counsel claim—survives Padilla v. Kentucky, is not controlled by Chaidez v. United States, and does not establish a new rule of criminal procedure. The court thus found that Kwan could be applied retroactively to support the petitioner’s ineffective assistance of counsel claim, and remanded for the district court to evaluate the merits of the petition.
Filed under: Immigration Attorney | Tagged: chaidez, coram nobis, ineffective assistance of counsel, ninth circuit, padilla, padilla vs. kentucky, vacating criminal conviction | Leave a comment »
In an 8-1 decision, the Supreme Court reversed the Fifth Circuit’s decision in Mata v. Holderand remanded, holding that a court of appeals has jurisdiction to review a denial of a petitioner’s request to equitably toll the deadline on a motion to reopen.
https://cbocalbos.wordpress.com/tag/motion-to-reopen-2/
https://cbocalbos.wordpress.com/tag/motion-to-reopen/
https://cbocalbos.wordpress.com/tag/motion-to-reopen-mtr/
https://californiaimmigration.us/motion-to-reopen-granted-2/
Filed under: Motion to Reopen (MTR) | Tagged: iac, Immigration, Immigration Attorney, Immigration Lawyer, ineffective assistance of counsel, motion to reop, motion to reopen | 2 Comments »
The Seventh Circuit remanded, holding that the BIA abused its discretion by ignoring a potentially meritorious argument when deciding on the motion to reopen, and that the BIA should determine if the petitioner’s attorneys incompetently neglected to offer evidence and arguments that might have resolved the inconsistencies identified by the Immigration Judge.
Filed under: Immigration Attorney | Tagged: BIA, board of immigration appeals, ineffective assistance of counsel, lozada, Petition for Review | Leave a comment »
Try to Vacate a Crime with a Federal Habeas Corpus
Best Immigration Lawyer near me
The Law Offices of Brian D. Lerner
Filed under: Immigration Attorney | Tagged: #immigrationattorney, #immigrationlawyer, Brian D. Lerner, brian lerner, california immigration lawyer, federal habeas corpus.immigration crime, Habeas Corpus, Immigration, Immigration Attorney, immigration attorney brian lerner, Immigration Law, Immigration Lawyer, ineffective assistance of counsel, reducing crime, vacating crime | Leave a comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 