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Bad Lawyering Gets Mexican Father New U.S. Immigration Hearing

April 27, 2020, 3:18 PM

The Third Circuit said Monday that it had jurisdiction to hear a Mexican father’s request for discretionary relief claiming his lawyer’s ineffective assistance denied him due process during his removal proceedings—an issue that has divided the federal appeals courts.

Sergio Calderon-Rosas also presented a meritorious claim, the opinion by Judge Cheryl Ann Krause said, ordering the Board of Immigration Appeals to reopen his cancellation of removal proceedings.

The government argued that the appeals court lacked jurisdiction over Calderon-Rosas’ claim because he only sought discretionary relief, an issue over which a circuit split exists, the court said.

The Eighth and Eleventh ...

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