(DOWNLOAD) "Twum v. Immigration and Naturalization Service" by 2004 United States Court of Appeals for the Second Circuit August Term # Book PDF Kindle ePub Free
eBook details
- Title: Twum v. Immigration and Naturalization Service
- Author : 2004 United States Court of Appeals for the Second Circuit August Term
- Release Date : January 08, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Petitioner Alexander Twum petitions for review of an April 29, 2002 order of the Board of Immigration Appeals ("BIA"), affirming without opinion a September 8, 1997 order of the Immigration Judge ("IJ") denying his motion to reopen his exclusion proceedings after he was ordered excluded in absentia. In his motion to re-open Twum claimed that, although he presented himself at the public entrance to the building that houses the Immigration Court several hours before the hearing, he was prevented from attending his hearing because guards would not admit him without a hearing notice that was in the possession of his attorney, who was inside the building. The IJ, determining that Twums motion to reopen in essence alleged ineffective assistance of counsel as the cause of his failure to appear, denied the motion based on Twums failure to comply with the requirements for a motion alleging ineffective assistance of counsel set forth in In re Lozada, 19 I. & N. Dec. 637 (BIA 1988). We hold that the application of Lozada to bar Twums claim was arbitrary and an abuse of the IJs discretion. Accordingly, we vacate the order and remand for further proceedings.