Bronx, NY asked in Immigration Law for New York

Q: To file a motion of ineffective counsel to a lawyer barred in NH do we need a lawyer barred in NH as well to file

It was for an asylum case

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1 Lawyer Answer
Leonard R. Boyer
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Answered
  • Immigration Law Lawyer
  • Clifton, NJ

A: The purpose of filing a motion in Immigration Court, citing "ineffective assistance of counsel" is done as part of a basis for seeking relief from the effects of the prior attorney. Immigration is truly federal law, so an attorney in any of the 50 states can handle your case. I am not offering an opinion on whether your prior counsel was ineffective or not (I don't know, nor does anyone else here). But for an Immigration Judge to accept that argument, there must be a causal relationship shown between what the prior attorney did or did not do. It must be more than you being unhappy with the results. The only way to obtain real answers is for you to have an in person consultation and document review. Nothing else will help you.

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