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Seeking Remedies for Ineffective Assistance of Counsel in Immigration Cases

American Immigration Council

This Practice Advisory discusses how individuals can seek a remedy for ineffective assistance of counsel in immigration court proceedings by filing a motion to reopen and provides an overview of the current law on the right to effective assistance, including the procedural and substantive requirements set forth in Matter of Lozada, 19 I&N Dec. 637 (BIA 1988).