Calderon-Rosas v. Attorney General

Calderon-Rosas paid a now-disbarred attorney to represent him in removal proceedings, and Calderon-Rosas was ordered deported after that attorney failed to present key evidence supporting his application for cancellation of removal. Calderon-Rosas sought a new hearing, arguing that he was deprived of due process by, among other things, his attorney’s ineffective assistance, but the Board of Immigration Appeals (BIA) denied his claims. The Third Circuit Court decided it had jurisdiction to review due process claims where a petitioner, like Calderon-Rosas, seeks only discretionary relief. The Court ruled that Calderon-Rosas presented a meritorious ineffective-assistance claim, vacated the Board’s decision, and remanded.

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