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Keywords

testimonymotiondue process
testimonymotiondue process

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Fadiga v. United States AG

Facts

The alien, a native and citizen of Guinea, sought relief from removal based on claims that his uncle had been murdered for political reasons and that he was a member of a party opposing the current government of Guinea. The IJ found inconsistencies between the alien's testimony and statements on his application for relief, which the alien attributed to errors made by his former counsel. The court determined that the alien established a Fifth Amendment due process violation due to ineffective assistance of counsel, which compromised his ability to present his claims.

The alien, a native and citizen of Guinea, sought relief from removal based on claims that his uncle had been murdered for political reasons and that he was a member of a party opposing the current government of Guinea. The IJ found inconsistencies between the alien's testimony and statements on his application for relief, which the alien attributed to errors made by his former counsel. The court determined that the alien established a Fifth Amendment due process violation due to ineffective assistance of counsel, which compromised his ability to present his claims.

Issue

Did the BIA err in applying a 'clear probability' standard in denying the motion to reopen the alien's removal proceedings based on ineffective assistance of counsel?

Did the BIA err in applying a 'clear probability' standard in denying the motion to reopen the alien's removal proceedings based on ineffective assistance of counsel?

Rule

An alien seeking to reopen removal proceedings based on ineffective assistance of counsel must show a reasonable likelihood that the IJ's decision would have been different absent counsel's errors.

An alien seeking to reopen removal proceedings based on ineffective assistance of counsel must show a reasonable likelihood that the IJ's decision would have been different absent counsel's errors.

Analysis

The court found that the BIA abused its discretion by applying the wrong standard in evaluating the alien's motion to reopen. The alien's claims of ineffective assistance of counsel were substantiated, as the former counsel's inadequate preparation and advice severely compromised the alien's ability to present his case. The court noted that there was at least a reasonable likelihood that the IJ would have granted the alien's application for withholding of removal or protection under the CAT if not for the errors made by counsel.

The court found that the BIA abused its discretion by applying the wrong standard in evaluating the alien's motion to reopen. The alien's claims of ineffective assistance of counsel were substantiated, as the former counsel's inadequate preparation and advice severely compromised the alien's ability to present his case. The court noted that there was at least a reasonable likelihood that the IJ would have granted the alien's application for withholding of removal or protection under the CAT if not for the errors made by counsel.

Conclusion

The court granted the alien's petition for review, vacated the BIA's denial of the motion to reopen, and remanded the case to the BIA with directions to reopen the alien's removal proceedings.

The court granted the alien's petition for review, vacated the BIA's denial of the motion to reopen, and remanded the case to the BIA with directions to reopen the alien's removal proceedings.

Who won?

The alien prevailed in the case because the court found that the BIA had applied the wrong legal standard and that the alien had established a due process violation due to ineffective assistance of counsel.

The alien prevailed in the case because the court found that the BIA had applied the wrong legal standard and that the alien had established a due process violation due to ineffective assistance of counsel.

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