Topic
Every decision we've filed under Sixth Amendment - Ineffective Assistance of Counsel.
The Eighth Circuit denied petitions for review of Board of Immigration Appeals orders rejecting motions to reopen immigration proceedings. The court held that the petitioner failed to exercise the due diligence required to equitably toll the filing deadline for her ineffective assistance of counsel claim.
The Third Circuit affirmed the dismissal of Aaron Lyons's habeas petition, ruling that his claim based on the Supreme Court's Rehaif decision was procedurally defaulted. The court held that the legal argument regarding knowledge of conviction status was reasonably available when Lyons pleaded guilty, and he failed to demonstrate actual innocence to excuse the default.
The Ninth Circuit dismissed a petition for review of a BIA denial of cancellation of removal, holding it lacked jurisdiction over discretionary hardship determinations and factual findings. The court further rejected a claim regarding a defective Notice to Appear because the petitioner failed to exhaust the argument before the agency.
The Ninth Circuit affirmed the dismissal of asylum and Convention Against Torture claims because the petitioners failed to submit required biometrics despite sixteen months of notice. The court held that the Immigration Judge did not abuse his discretion in deeming the applications abandoned and rejected due process arguments regarding legal assistance.
The Tenth Circuit denied a certificate of appealability because the petitioner failed to allege specific, credible constitutional violations in his habeas petition. The court dismissed the appeal, finding the petitioner's claims were delusional and factually frivolous under the Rules Governing Section 2254 Cases.
The Ninth Circuit affirmed the denial of a writ of error coram nobis, holding that the defendant failed to prove prejudice from his counsel's alleged failure to warn him of immigration consequences. The court ruled that without contemporaneous evidence showing the defendant would have rationally rejected the plea to proceed to trial, the fundamental error standard was not met.
The Eighth Circuit affirmed the Board of Immigration Appeals' denial of a motion to reopen removal proceedings and a motion to remand based on ineffective assistance of counsel. The court held that the motion to reopen was properly denied as speculative due to the lack of a USCIS Notice of Action at the time of filing, and that the petitioner failed to demonstrate prejudice from alleged counsel delays.
The Tenth Circuit denied Gary Lowe's request for a certificate of appealability, finding that reasonable jurists could not view the district court's denial as debatable or wrong. The court concluded that Lowe's claims of judicial bias and ineffective assistance of counsel lacked merit due to a lack of transcript support and a misunderstanding of local rules.
The Fourth Circuit affirmed Dustin Wilson's conviction, ruling that his trial counsel's decision to advocate for medical treatment rather than pre-trial release was objectively reasonable. The court found no evidence that Wilson's medical condition would have secured his release or that his guilty plea was the result of ineffective assistance.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order rejecting a motion to reopen removal proceedings based on ineffective assistance of counsel. The court affirmed that the petitioner failed to satisfy the procedural requirements of Matter of Lozada because he did not provide his former counsel sufficient time to respond to allegations before filing his motion.