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Keywords

hearingmotionfelonycitizenshipdeportation
motionfelonycitizenshipdeportation

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Mai v. Gonzales

Facts

Mai is a native and citizen of Vietnam who originally entered the United States as a humanitarian refugee and became a legal permanent resident in 1987. In 1992, he pled guilty to a first-degree felony burglary. In 2001, he sought admission to the U.S. and allegedly claimed to be a naturalized citizen, leading to charges of removal for a crime involving moral turpitude and making a false claim of citizenship. During his removal hearing, his counsel admitted to the allegations without reading them aloud, and Mai was not directly questioned. Afterward, he attempted to withdraw the admission, asserting he never made a false claim, but the IJ refused to allow it, leading to the BIA's denial of his motion to reopen.

Mai is a native and citizen of Vietnam who originally entered the United States as a humanitarian refugee and became a legal permanent resident in 1987. In 1992, he pled guilty to a first-degree felony burglary. In 2001, he sought admission to the U.S. and allegedly claimed to be a naturalized citizen, leading to charges of removal for a crime involving moral turpitude and making a false claim of citizenship.

Issue

Did the BIA abuse its discretion in denying Mai's motion to reopen based on ineffective assistance of counsel?

Did the BIA abuse its discretion in denying Mai's motion to reopen based on ineffective assistance of counsel?

Rule

An alien in removal proceedings must demonstrate that counsel's actions were prejudicial to their case, and the BIA must provide a reasoned decision when granting or denying motions to reopen.

An alien in removal proceedings must demonstrate that counsel's actions were prejudicial to their case, and the BIA must provide a reasoned decision when granting or denying motions to reopen.

Analysis

The court found that the BIA's determination that Mai's counsel's admissions were strategic was unsupported by evidence. By admitting to the false claim of citizenship, Mai's counsel deprived him of all possible avenues for relief from deportation. The BIA failed to provide a plausible explanation for how this strategy could have benefited Mai, leading the court to conclude that the BIA abused its discretion.

The court found that the BIA's determination that Mai's counsel's admissions were strategic was unsupported by evidence. By admitting to the false claim of citizenship, Mai's counsel deprived him of all possible avenues for relief from deportation.

Conclusion

The petition was granted, and the case was remanded for a determination of whether Mai was prejudiced by his counsel's actions.

The petition was granted, and the case was remanded for a determination of whether Mai was prejudiced by his counsel's actions.

Who won?

Mai prevailed in the case because the court found that the BIA abused its discretion in denying his motion to reopen based on ineffective assistance of counsel.

Mai prevailed in the case because the court found that the BIA abused its discretion in denying his motion to reopen based on ineffective assistance of counsel.

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