Resources on Ethics

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Ethical and Regulatory Boundaries for Partially Accredited DOJ Representatives in Assisting Noncitizens in Immigration Court

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This practice pointer addresses the assistance that partially accredited representatives can provide to noncitizens in removal proceedings under the federal immigration regulations.

Ethics, DOJ Recognition and Accreditation, Removal Proceedings

BIA Rules on Motions to Reopen Based on Ineffective Assistance of Counsel

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The Board of Immigration Appeals recently issued a precedent decision setting forth standards for reopening a case based on a claim of ineffective assistance of counsel. Matter of Melgar, 28 I&N Dec. 169 (BIA 2020). The decision builds upon the seminal case, Matter of Lozada, 19 I&N Dec. 637 (BIA 1988), and clarifies that a respondent seeking reopening must show a reasonable probability that, but for counsel’s error, he would have prevailed on his claim.

Removal Proceedings, Ethics

Practice Advisory: Preparing your Agency to Provide Immigration Legal Services During the COVID-19 Pandemic

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This resource provides recommendations for immigration programs on how to continue providing immigration legal service in the event of office closures due to the COVID-19 pandemic.

Program Management, Case Management, Ethics