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Sanchez v. Keisler

Facts

Ana Sanchez entered the United States on August 1, 1989, without inspection. She married Francisco Mendez, a legal permanent resident, in 1991, but suffered abuse and they divorced in 1995. In 2001, she married Robert Bozynski after becoming pregnant, but the marriage quickly deteriorated due to his abusive behavior. Sanchez was later arrested by the INS and faced removal proceedings based on her immigration status and prior convictions. She applied for cancellation of removal under both ordinary and VAWA rules, but her attorney failed to pursue the VAWA claim, leading to her motion to reopen being denied by the BIA.

Ana Sanchez entered the United States on August 1, 1989, without inspection. She married Francisco Mendez, a legal permanent resident, in 1991, but suffered abuse and they divorced in 1995. In 2001, she married Robert Bozynski after becoming pregnant, but the marriage quickly deteriorated due to his abusive behavior. Sanchez was later arrested by the INS and faced removal proceedings based on her immigration status and prior convictions. She applied for cancellation of removal under both ordinary and VAWA rules, but her attorney failed to pursue the VAWA claim, leading to her motion to reopen being denied by the BIA.

Issue

Was Sanchez entitled to present her argument that her lawyer's performance was prejudicial and below the standards recognized by the Board in the motion to reopen?

Was Sanchez entitled to present her argument that her lawyer's performance was prejudicial and below the standards recognized by the Board in the motion to reopen?

Rule

Motions to reopen ask the BIA to reconsider its earlier decision based on 'facts or evidence not available at the time of the original decision'; they do not challenge the correctness of an earlier decision based on the existing record.

Motions to reopen ask the BIA to reconsider its earlier decision based on 'facts or evidence not available at the time of the original decision'; they do not challenge the correctness of an earlier decision based on the existing record.

Analysis

The court found that the BIA's first two reasons for denying the motion to reopen were based on legal error, as VAWA permits the filing of such a motion. The BIA incorrectly concluded that Sanchez's attorney rendered effective assistance, which prejudiced her ability to pursue the VAWA claim. The court determined that the record would have been different had the attorney performed adequately, thus warranting a reevaluation of the merits of Sanchez's motion.

The court found that the BIA's first two reasons for denying the motion to reopen were based on legal error, as VAWA permits the filing of such a motion. The BIA incorrectly concluded that Sanchez's attorney rendered effective assistance, which prejudiced her ability to pursue the VAWA claim. The court determined that the record would have been different had the attorney performed adequately, thus warranting a reevaluation of the merits of Sanchez's motion.

Conclusion

The court granted the petition for review and returned the case to the BIA for a re-evaluation of the merits of Sanchez's motion.

The court granted the petition for review and returned the case to the BIA for a re-evaluation of the merits of Sanchez's motion.

Who won?

Sanchez prevailed in the case because the court found that the BIA had made legal errors in denying her motion to reopen and that her attorney's ineffective assistance had prejudiced her case.

Sanchez prevailed in the case because the court found that the BIA had made legal errors in denying her motion to reopen and that her attorney's ineffective assistance had prejudiced her case.

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