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attorneyhearingparoledue processasylumcitizenship
attorneyhearingparoledue processasylumcitizenship

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Lara-Torres v. Ashcroft

Facts

Lara-Torres entered the United States from Mexico on June 2, 1988, without being admitted or paroled. Lara-Perez arrived on September 27 of the following year, also crossing into the United States without being admitted. The two, both natives and citizens of Mexico, were married in the United States and have a daughter with United States citizenship. They sought immigration advice from attorney Walter Pineda, who incorrectly informed them about the implications of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) on their asylum application and eligibility for cancellation of removal. After the IIRIRA took effect, the INS filed a Notice to Appear, and the IJ found them removable and denied their application for cancellation of removal since they had not accrued the required ten years of continuous physical presence.

Lara-Torres entered the United States from Mexico on June 2, 1988, without being admitted or paroled. Lara-Perez arrived on September 27 of the following year, also crossing into the United States without being admitted. The two, both natives and citizens of Mexico, were married in the United States and have a daughter with United States citizenship. They sought immigration advice from attorney Walter Pineda, who incorrectly informed them about the implications of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) on their asylum application and eligibility for cancellation of removal. After the IIRIRA took effect, the INS filed a Notice to Appear, and the IJ found them removable and denied their application for cancellation of removal since they had not accrued the required ten years of continuous physical presence.

Issue

Whether the Petitioners received ineffective assistance of counsel that resulted in a due process violation during their removal proceedings.

Whether the Petitioners received ineffective assistance of counsel that resulted in a due process violation during their removal proceedings.

Rule

To establish a due process violation, the Petitioners must show that the alleged ineffective assistance rendered the proceeding so fundamentally unfair that they were prevented from reasonably presenting their case, and that there was substantial prejudice affecting the outcome of the proceedings.

To establish a due process violation, the Petitioners must show that the alleged ineffective assistance rendered the proceeding so fundamentally unfair that they were prevented from reasonably presenting their case, and that there was substantial prejudice affecting the outcome of the proceedings.

Analysis

The court analyzed the Petitioners' claims of ineffective assistance of counsel and found that none of the alleged deficiencies pertained to the actual substance of the hearing. The court noted that the Petitioners did not contend that there were any procedural problems with their hearings or their ability to present evidence. The court concluded that the fairness of the hearing was not tainted by the attorney's faulty advice, and thus, the Petitioners failed to demonstrate a due process violation.

The court analyzed the Petitioners' claims of ineffective assistance of counsel and found that none of the alleged deficiencies pertained to the actual substance of the hearing. The court noted that the Petitioners did not contend that there were any procedural problems with their hearings or their ability to present evidence. The court concluded that the fairness of the hearing was not tainted by the attorney's faulty advice, and thus, the Petitioners failed to demonstrate a due process violation.

Conclusion

The court denied the consolidated petitions for review, affirming the BIA's decision.

The court denied the consolidated petitions for review, affirming the BIA's decision.

Who won?

The government prevailed in the case because the court found that the Petitioners did not demonstrate a due process violation or any substantial prejudice resulting from their attorney's advice.

The government prevailed in the case because the court found that the Petitioners did not demonstrate a due process violation or any substantial prejudice resulting from their attorney's advice.

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