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Keywords

attorneynegligencehearingaffidavitmotionasylumdeportationrespondent
attorneyaffidavitmotionasylumrespondent

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Piranej v. Mukasey

Facts

Artur Piranej, a citizen of Albania, entered the United States in 1998 and attempted to file an asylum claim with the help of an immigration service member. After hiring attorney James Lombardi, Piranej's petitions for relief were denied, and he was ordered removed. In 2003, Piranej filed a motion to reopen his deportation hearings, claiming ineffective assistance of counsel due to Lombardi's negligence, particularly regarding advice on his marriage to a U.S. citizen and the implications for his immigration status.

Artur Piranej, a citizen of Albania, entered the United States in 1998 and attempted to file an asylum claim with the help of an immigration service member. After hiring attorney James Lombardi, Piranej's petitions for relief were denied, and he was ordered removed.

Issue

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

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

Rule

A motion based upon a claim of ineffective assistance of counsel should be supported by an affidavit of the allegedly aggrieved respondent attesting to the relevant facts, including a detailed statement of the agreement with former counsel regarding actions to be taken.

A motion based upon a claim of ineffective assistance of counsel should be supported by an affidavit of the allegedly aggrieved respondent attesting to the relevant facts, including a detailed statement of the agreement with former counsel regarding actions to be taken.

Analysis

The court found that the BIA failed to consider the possibility of a general retainer agreement between Piranej and Lombardi, which could affect the applicability of the Lozada requirements. The court noted that Piranej's affidavit indicated a relationship that might satisfy the requirements of Lozada, and thus, the BIA's rejection of his claim without further factual examination was an abuse of discretion.

The court found that the BIA failed to consider the possibility of a general retainer agreement between Piranej and Lombardi, which could affect the applicability of the Lozada requirements.

Conclusion

The court vacated the BIA's order and remanded the case for further fact-finding regarding the nature of the relationship between Piranej and his attorney.

The court vacated the BIA's order and remanded the case for further fact-finding regarding the nature of the relationship between Piranej and his attorney.

Who won?

Artur Piranej prevailed in the case because the court found that the BIA had abused its discretion in denying his motion to reopen without a thorough examination of the facts.

Artur Piranej prevailed in the case because the court found that the BIA had abused its discretion in denying his motion to reopen without a thorough examination of the facts.

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