United States Second Circuit

Motion to recall a mandate and reinstate a petition for review of a BIA decision is granted where a lawyer's practice of accepting an initial retainer fee and then deliberately failing to take required action due to non-payment of additional fees, thereby permitting his client's petition to be dismissed, was unacceptable.

Appellate Information

• Decided 05/12/2008
• Published 05/12/2008

Judges

• JON O. NEWMAN, Circuit Judge, in Chambers:, Before:  NEWMAN, Circuit Judge, in Chambers.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Douglas Rosenthal, The Rosenthal Law Firm, P.C., New York, N.Y., submitted papers on behalf of Petitioner.


• For Appellees:
  
• William C. Minick, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., submitted papers on behalf of Respondent.