A court has jurisdiction to review a legal determination by the Board of Immigration Appeals that an alien’s conviction was for an aggravated felony, and a denial of a motion to reopen to the extent the decision rested on a ground other than the conviction. To establish prejudice in the context of a motion to reopen based on ineffective assistance of counsel, it is not necessary for a petitioner to make out a prima facie case of eligibility for the ultimate relief sought—a petitioner need only show that counsel’s deficient performance may have affected the outcome of the proceedings by showing plausible grounds for relief. An alien convicted of an aggravated felony with a sentence of more than five years is statutorily ineligible for asylum and withholding of removal.
Flores v. Barr - filed July 18, 2019
Cite as 2019 S.O.S. 15-73461
For more information, go to: http://www.beverlyhillsimmigrationlaw.com/
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