I am very happy to report that yesterday our office received the response from the Department of Homeland Security legal counsel on our motion to reopen the deportation proceeding against our LPR from the Philippines. DHS sent us a non-opposition, which is a first for me personally. I have never received a non-opposition for a BIA Motion to Reopen based on Ineffective Assistance of Counsel. Wow.
It is only on rare occasions that anyone in life gets a second chance- our client gets a second chance to stay in the U.S. if we can prevail in his merits hearing.
Just about to file another motion with the Board to reopen based on IAC. This time it is a Mongolian family who lost their asylum claim because their attorney failed to call a single corroborating witness or to provide the court with a single scrap of documentary evidence.
Keep you posted.