United States Second Circuit

Denial of motion to reopen deportation proceedings and rescind a deportation order entered in absentia is vacated. A lawyer who misadvises his client concerning the date of an immigration hearing and then fails to inform the client of the deportation order entered in absentia (or the ramifications thereof) has provided ineffective assistance.

Appellate Information

• Decided 02/20/2008
• Published 02/20/2008

Judges

• KATZMANN, Circuit Judge:, Before KATZMANN, PARKER, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Tanisha L. Massie (Lewis J. Liman, Evan Criddle, Daniel E. Zipp, Anton A. Ware, of counsel), Cleary Gottlieb Steen & Hamilton LLP, New York, N.Y., for Petitioner.


• For Appellees:
  
• Russell J.E. Verby, Senior Litigation Counsel, Office of Immigration Litigation (Peter D. Keisler, Assistant Attorney General, Barry J. Pettinato, Assistant Director, Office of Immigration Litigation, of counsel), Civil Division, U.S. Department of Justice, Washington, DC, for Respondent.