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[14 Nov 2011 | No Comment | ]

Ineffective Assistance of Counsel
The Board of Immigration Appeals (“BIA”) has determined the criteria for ineffective assistance of counsel in Matter of Lozada, 19 I&N Dec.637 (BIA 1988) [where ineffective assistance of counsel claims raised must:
(1) Have motion supported by affidavit setting forth agreement and representations by counsel;
(2) Inform counsel against whom the claim is made and give counsel opportunity to respond;
(3) Reflect in the motion whether a bar charge has been filed and if not, why not?
A motion to reopen premised on ineffective assistance of counsel must comply with …