Board of Immigration Appeals

BIA issues decision Matter of Melgar, 28 I&N Dec. 169 (BIA 2020)

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The Board of Immigration Appeals decided a new precedential decision on December 4, 2020. This decision, Matter of Melgar, relates to the types of disciplinary complaint required for someone in removal proceedings to show ineffective assistance of counsel. The case summary provided by the BIA is:

(1) Counsel’s acceptance of responsibility for error does not discharge the disciplinary authority complaint obligation under Matter of Lozada, 19 I&N Dec. 637 (BIA 1988), particularly where the ineffective assistance allegation is rendered by the same attorney against himself.

(2) A respondent seeking reopening on the basis of a claim of ineffective assistance of counsel must show a reasonable probability that, but for counsel’s error, he would have prevailed on his claim.

Matter of Melgar, 28 I&N Dec. 169 (BIA 2020)

Click here to read Matter of Melgar, 28 I&N Dec. 169 (BIA 2020).