Bad Lawyering Claim Unhelpful for Immigrant Facing Removal

Jan. 18, 2022, 8:34 PM UTC

An immigrant who was previously ordered removed from the U.S. and then illegally reentered the country isn’t entitled to relief from his original removal order despite shoddy representation by his lawyer, the Ninth Circuit said Tuesday.

At his latest removal proceedings, Jaime Castellanos-Avalos collaterally attacked his 2005 proceedings, claiming that his lawyer didn’t tell him he could voluntarily leave the U.S. His lawyer also filed a two-paragraph brief in that proceeding incorrectly stating that Castellanos-Avalos applied for lawful permanent resident status and that he was going to seek a pardon for his recent criminal convictions.

Castellanos-Avalos was ordered removed and ...

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