Background
The petitioners, Safet Haracic, Zekija Haracic, and Muharem Haracic, sought review of a Board of Immigration Appeals order denying their motion to reopen. They asserted ineffective assistance of counsel in their removal proceedings, claiming their attorney failed to present evidence regarding their asylum eligibility and country conditions.
The court’s reasoning
The court reviewed the denial for abuse of discretion. It found that the petitioners could not establish deficient performance because the facts they alleged counsel omitted were already part of the record. Regarding prejudice, the court held the Board correctly required a plausible claim for relief. The court also affirmed the Board’s reliance on country conditions reports combined with an individualized determination. Finally, the court noted that the argument regarding humanitarian asylum was unexhausted because it was not raised in the motion to reopen.
What it means going forward
The petition for review is denied, and the temporary stay of removal is lifted, allowing removal proceedings to proceed.