02 Apr 2015
CA7 on Evidence, Ineffective Assistance: Chen v. Holder
"Where, as here, the Board ignores a potentially meritorious argument when deciding a motion to reopen, it abuses its discretion. ... Thus, the petition for review is granted. The Board should determine if Chen’s attorneys incompetently neglected to offer evidence and arguments that might have resolved the inconsistencies identified by the IJ. If so (or if the Board assumes so), it should decide whether the IJ would have ruled against Chen anyway." - Chen v. Holder, Apr. 1, 2015. [Hats off to James C. Ten Broeck, Jr.!]