Category Archives: ineffective assistance of counsel

CA7 granted Mexican national’s motion to stay his removal pending appeal as trial counsel failed to adequately prepare him for removal proceeding

Posted on July 6, 2017 by Mike Baker

CA7 granted alien-citizen of Mexico’s motion to stay his removal pending appeal, where alien alleged that Bd. had erred in failing to grant his motion to reopen removal proceeding based on allegations that his trial counsel had failed to adequately … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, BIA, Cancellation of Removal, Cancellation of Removal for Non LPRS under INA Section 240A(b)(1), ineffective assistance of counsel, Stay of Removal | Leave a comment

CA7 upholds BIA denial of untimely Motion to Reopen based on ineffective counsel

Posted on April 20, 2017 by Mike Baker

YUSEV v. Sessions, Court of Appeals, 7th Circuit 2017 Bd. did not err in denying alien’s motion to reopen their applications for asylum and withholding of removal based on claim that their counsel was ineffective. Said motion was untimely, since … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Board of Immigration Appeals, ineffective assistance of counsel, Motions to Reopen | Leave a comment

Illinois Supreme Court holds that counsel was required to give Defendant only a general warning of possibility of immigration consequences

Posted on September 30, 2016 by Mike Baker

Defendant pled guilty to burglary and was sentenced to 3 years probation. At time of plea, Defendant was a citizen of Dominican Republic, and a resident alien of U.S. based on his marriage to a U.S. citizen. During plea hearing, … Continue reading →

Posted in Guilty Pleas, Immigration Consequences of Criminal Convictions, ineffective assistance of counsel | Leave a comment

CA7 requires satisfying Lozada’s procedural requirements even where ineffective assistance of counsel is “clear and obvious from the record.”

Posted on May 17, 2016 by Mike Baker

Guzman-Rivadeneira came to the U.S. from Ecuador. In 1993 he was convicted in California of possession of counterfeit prescription blanks. After returning to Ecuador, he returned to the U.S. and became a lawful permanent resident because his mother is a … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, ineffective assistance of counsel, Matter of Lozada, Velasquez exception | Leave a comment

SCOTUS affirms jurisdiction to decide equitable tolling of statutory time limit to file a motion to reopen a removal proceeding

Posted on June 15, 2015 by Mike Baker

Issue: Whether the Fifth Circuit erred in holding that it had no jurisdiction to review petitioner’s request that the Board of Immigration Appeals equitably tolled the ninety-day deadline on his motion to reopen as a result of ineffective assistance of … Continue reading →

Posted in equitably toll the ninety-day deadline on motion to reopen, ineffective assistance of counsel, Motion to Reopen, reopen the removal proceeding sua sponte, SCOTUS | Leave a comment