Immigration-In Absentia Removal-Motion to Reopen-Ineffective Assistance of Counsel

Petitioner sought review of an order of the BIA that affirmed an immigration judge’s denial of her motion to reopen in absentia removal proceedings. Petitioner applied for admission without lawful entry documentation and was charged with removability. Petitioner failed to appear for her removal hearing, resulting in an order in absentia. Petitioner’s counsel moved to reopen, admitting his own ineffective assistance of counsel because he failed to file an appearance and thus was not notified of the removal hearing. An IJ denied the motion, noting that petitioner was mailed notice at her last known address and she did not allege that she did not receive notice.  

Where petitioner’s counsel failed to file a self-report with the appropriate disciplinary authorities, the BIA correctly determined that petitioner’s ineffective assistance of counsel claim was procedurally deficient.  

Petition is denied. 

Rodriguez Irias v. Bondi (MLW No. 84359/Case No. 25-1419 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Petition for review of an order of the Board of Immigration Appeals. (Marc Prokosch, Roseville, MN and Juventino Meza Rodriguez, St. Paul, MN for petitioner) (Monica Antoun, U.S. Dept. of Justice, Office of Immigration Litigation, Washington, D.C. for respondent)