Thursday, April 1, 2010

Two New Cases - Ineffective Assistance of Counsel Claims

Our office had two new cases recently based on the ineffective assistance of counsel they received by prior attorneys. Just sent out the FedEx package yesterday in the first case to the Board of Immigration Appeals.

This case involves a long-term LPR, with 4 USC children, who had a couple of criminal convictions that rendered him removable. However, he was eligible for EOIR-42A relief - Cancellation of Removal. At his Individual Merits Hearing, his attorney shows up with no documents, no witnesses, even though his office had been provided with tax returns, declaration, birth certificates, etc. The IJ the weighs the evidence in the record - two convictions versus nothing and denies him relief.

Second case involves Mongolian refugees seeking asylum relief. Their trial attorney again shows up on the day of the hearing with nothing. The government actually files the Country Conditions Report. The attorney fails to call a single corroborating witness to verify the story the petitioner is telling, even though the wife and kids saw the persecution.

I'm sorry to see such poor lawyering out there.

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