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CA1 on Ineffective Assistance, Exceptional Circumstances: Murillo-Robles v. Lynch

October 11, 2016 (1 min read)

Murillo-Robles v. Lynch, Oct. 11, 2016 - "Although the Board of Immigration Appeals (BIA) has broad discretion in the disposition of motions to reopen, broad discretion is not the same as unfettered discretion. This case, which arises out of an in absentia removal order against a youthful alien who was ill-served by not one but two lawyers, illustrates that verity. After careful consideration, we conclude that the BIA abused its discretion when it found that the circumstances attendant to entry of the removal order were not exceptional. Accordingly, we grant the petition for review, reverse the BIA's denial of the motion to reopen, and remand with instructions to set aside the in absentia removal order and reopen the petitioner's removal proceedings."  [Hats off to Carlos Estrada!]