Saturday, July 30, 2011

Boiler Plate Law for a Motion to Reopen due to Ineffective Assistance of Counsel and Lack of Notice

Ineffective Assistance of Counsel

The Board of Immigration Appeals ("BIA") has determined the criteria for ineffective assistance of counsel in Matter of Lozada, 19 I&N Dec.637 (BIA 1988) [where ineffective assistance of counsel claims raised must:
(1) Have motion supported by affidavit setting forth agreement and representations by counsel;
(2) Inform counsel against whom the claim is made and give counsel opportunity to respond;
(3) Reflect in the motion whether a bar charge has been filed and if not, why not?

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