Buckley v. Blanche
Split Score
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Case Summary
Disposition
Remanded
The First Circuit considered two consolidated petitions from Luz Stella Buckley challenging Board of Immigration Appeals (BIA) rulings. It dismissed her challenge to the BIA’s discretionary denial of adjustment of status for lack of jurisdiction but granted and remanded her petition to reopen based on ineffective assistance of counsel, holding that the BIA abused its discretion by inadequately explaining its Lozada analysis and ignoring potential prejudice.
Circuit Split Identified
Legal Issue
Whether prejudice is automatically presumed when counsel fails to file a brief in an immigration proceeding alleged as ineffective assistance, or whether the alien must affirmatively show a reasonable probability of a different outcome.
Circuit Positions
Prejudice is presumed when counsel entirely fails to file a brief in immigration proceedings alleging ineffective assistance of counsel.
Prejudice is not presumed; the petitioner must show a reasonable probability of a different outcome resulting from counsel’s failure to file a brief.
Conflict Summary
The Ninth Circuit presumes prejudice when an attorney fails to file a brief in immigration proceedings, while the First Circuit requires the non-citizen to demonstrate a reasonable probability that the outcome would have differed but for counsel’s error.