In a recent unpublished decision, the Board said that an individual’s case could be reopened because of ineffective assistance of his trial counsel in not pursuing “withholding of removal” and “adjustment of status” on his behalf. Normally, these claims require a showing of prejudice, which the Board has traditionally said requires a showing that the outcome would have been different but for the attorney’s misconduct. But here, the Board said remand was appropriate where the ineffective assistance “may have affected the outcome of his proceedings.” That seems to be a significant departure from the traditional prejudice standard.
- How to Expedite a Visa or Benefit Request With USCIS
- U Visa Backlog Updates - Why is My U Visa Taking So Long?
- New Form I-485 is a Huge Change From Old Form
- BIA Paper Color for Forms: Does it Matter?
- 7 Easy Ways to Violate Your Student Visa and Get Deported
- Should You Hire a Lawyer for Naturalization? It Depends.
- Pereira v. Sessions Opens Multiple New Doors to Defend Against Removal
- When the BIA Denies An Appeal, Consider Your Options
I am a Kansas City immigration attorney. I represent immigrants in court, on appeal, and before the USCIS in visa applications, asylum, and naturalization.