United States Second Circuit

Petition for review of denial of motion to reopen deportation proceedings based on ineffective assistance of counsel is granted where the BIA abused its discretion in rejecting petitioner's ineffective assistance of counsel claim without a more thorough factual examination and, if such an examination warranted it, a consideration of the meaning and applicability of the requirements of In re Lozada, 19 I. & N. Dec. 637 (B.I.A. 1988) in the context of general retainer agreements.

Appellate Information

• Decided 02/15/2008
• Published 02/15/2008

Judges

• CALABRESI, Circuit Judge:, Before:  WALKER, CALABRESI, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Visuvanathan Rudrakumaran, Law Office of V. Rudrakumaran, New York, N.Y., for Petitioner.


• For Appellees:
  
• Hillel R. Smith, Trial Attorney, Office of Immigration Litigation (Peter D. Keisler, Assistant Attorney General, Greg D. Mack, Senior Litigation Counsel, on the brief), Washington, DC, for Respondent.