29 May 2015
CA7 on Ineffective Assistance of Counsel: Habib v. Lynch
"Ashraf Habib, a 56-year-old citizen of Pakistan, petitions for review of an order of the Board of Immigration Appeals denying his motion to reopen on the ground of ineffective assistance of counsel. Habib was charged with removability for misrepresenting a material fact—his marital status in Pakistan—to gain residency. At a hearing before the immigration judge, Habib’s [prior] lawyer made a couple of missteps that led to Habib being ordered removed on the ground that he had obtained immigration benefits based on a material misrepresentation. Habib filed an appeal with the Board, as well as a motion to reopen based on ineffective assistance of counsel. The Board affirmed the IJ’s decision and rejected Habib’s arguments that his lawyer was ineffective. We conclude that the Board abused its discretion when it determined that Habib was not prejudiced by his lawyer’s mistakes, and we grant Habib’s petition for review." - Habib v. Lynch, May 29, 2015. [Hats off to Helen Harnett!]