Jeremias Medrado Pasqual-Andres v. U.S. Attorney General
Split Score
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Case Summary
Disposition
Vacated
The Eleventh Circuit granted Jeremias Medrado Pasqual-Andres’s petition for review, vacating the Board of Immigration Appeals’ refusal to reopen his removal proceedings. The court held that filing a disciplinary complaint with the EOIR—rather than a state bar—strictly (and at minimum substantially) satisfies the third prong of Matter of Lozada, and that substantial rather than strict compliance with Lozada is sufficient.
Circuit Split Identified
Legal Issue
Whether strict compliance with all three Lozada requirements is mandatory or whether substantial compliance is sufficient when alleging ineffective assistance of counsel in immigration proceedings.
Circuit Positions
Strict adherence to each Lozada requirement is mandatory; reopening is unavailable without exact compliance.
Substantial compliance with Lozada is sufficient so long as the policy objectives are satisfied.
Conflict Summary
The Fifth and Seventh Circuits require strict, formulaic compliance with each Lozada procedural step before a petitioner may obtain reopening, whereas the Second, Third, Fourth, Eighth, Ninth, and now Eleventh Circuits permit reopening when the petitioner has substantially complied with Lozada’s requirements, focusing on whether the purposes of Lozada are met.