In a recent unpublished decision, the Board said that an individual’s case could be reopened because of ineffective assistance of his trial counsel in not pursuing “withholding of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.
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