United States Third Circuit

An alien claiming ineffective assistance of counsel in removal proceedings must, in addition to showing that his lawyer committed unprofessional errors, show that there was a "reasonable likelihood that the result would have been different if the error[s] ... had not occurred." A petition for review of a final order of removal as to his claims for withholding under the INA and protection under the CAT is granted where the BIA abused its discretion in denying petitioner's motion to reopen/remand based on a claim of ineffective assistance.

Appellate Information

• Argued 11/27/2006
• Decided 06/15/2007
• Published 06/15/2007

Judges

• Before:  FUENTES and GARTH, Circuit Judges, and POLLAK, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Daniel G. Anna, Esquire (argued), Anna & Anna, P.C., Media, PA, Counsel for Petitioner.


• For Appellees:
  
• Patrick L. Meehan, Esquire, United States Attorney, Robert A. Zauzmer, Esquire, Assistant United States Attorney, Chief of Appeals, Emily McKillip, Esquire (argued), Assistant United States Attorney, Office of United States Attorney, Philadelphia, PA, Richard M. Evans, Esquire, Nancy E. Friedman, Esquire, United States Department of Justice, Office of Immigration Litigation, Washington, DC, Counsel for Respondent.