Case Details
- Status
- Published
- Procedural Posture
- appeal before Board of Immigration Appeals
Related Laws
No specific laws identified for this ruling.
Outcome
BIA affirmed denial of respondent's ineffective assistance of counsel claim in immigration proceedings, holding that respondent failed to establish sufficient prejudice from counsel's failure to file a timely appeal.
Excerpt
ASSAAD, 23 I&N Dec. 553 (BIA 2003) ID 3487 (PDF) (1) Case law of the United States Supreme Court holding, in the context of criminal proceedings, that there can be no deprivation of effective assistance of counsel where there is no constitutional right to counsel does not require withdrawal from Matter of Lozada, 19 I&N Dec. 637 (BIA 1988), affd, 857 F.2d 10 (1st Cir. 1988), finding a right to assert a claim of ineffective assistance of counsel in immigration proceedings, where the United States Courts of Appeals have recognized that a respondent has a Fifth Amendment due process right to a fair immigration hearing, which may be denied if counsel prevents the respondent from meaningfully presenting his or her case. (2) The respondent did not establish that his former counsels failure to file a timely appeal constituted sufficient prejudice to warrant consideration of his late appeal on the basis of ineffective assistance of counsel.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
The trial court did not abuse its discretion in overruling Appellant's motion to amend her complaint, to include facts regarding her PTSD diagnosis and claims of racial and disability discrimination, eight months after she filed her administrative appeal from the termination of her teaching contract. The trial court did not consider Appellant's prior discipline at another school when determining that she was subject to termination, and Appellant was not denied due process. The trial court did not abuse its discretion in finding that Appellant's failure to enter third quarter final grades was good and just cause for termination. Judgment affirmed.
G-K-, 26 I&N Dec. 88 (BIA 2013) ID 3776 (PDF) (1) The United Nations Convention Against Transnational Organized Crime, Nov. 15, 2000, 2225 U.N.T.S. 209 ("UNTOC"), which is intended to help protect witnesses of transnational organized crime from retaliation and intimidation, does not provide an independent basis for relief from removal in immigration proceedings. (2) The objectives of the UNTOC are advanced in the United States through existing immigration laws and regulations, including the S, T, and U nonimmigrant visas and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted and opened for signature Dec. 10, 1984, G.A. Res. 39/46. 39 U.N. GAORSupp.No. 51, at 197,U.N.Doc.A/RES/39/708 (1984) (entered into force June 26, 1987 for the United States Apr. 18, 1988). (3) The Board of Immigration Appeals and the Immigration Judges do not have the authority to rule on the constitutionality of the statutes they administer and therefore lack jurisdiction to address a claimthat the statute barring relief for particularly serious crimes is void for vagueness.
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