Mata v. Lynch: The Fifth Circuit Can't Sidestep Jurisdiction To Avoid Review of BIA Denial of Late Motion to Reopen Based on Ineffective Assistance of Counsel (PDF)
The issue in Mata v. Lynch is whether circuit courts can review a BIA decision denying a late motion to reopen removal proceedings based on an allegation of ineffective assistance of counsel. The Fifth Circuit had said no, disagreeing with all the other circuits that had addressed that issue. The Supreme Court ruled that the Fifth Circuit had erred. Attorney Jill A. Apa discusses the decision and its practical implications and its limits.
Jill Apa is Of Counsel at Barclay Damon LLP, in the firm's Immigration Group, where she practices exclusively in the area of U.S. immigration law. Ms. Apa handles a wide variety of U.S. immigration issues, including temporary (H-1B, L-1, O-1, TN, J-1, R-1) and permanent employment-based cases, as well as family-based immigration matters, waivers, complex border issues, and agency and federal court appeals. Ms. Apa has focused her practice in the field of U.S. immigration law since 2001 and is licensed in New York and Ohio.
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