In a motion to reopen, which is based on ineffective assistance of counsel, does the petitioner have to prove that his previous attorney was ineffective in any way?

MultiRegion, United States of America

The following excerpt is from Gonzalez v. I.N.S., 931 F.2d 59 (9th Cir. 1991):

5 There is authority in this circuit which suggests that a petitioner seeking a motion to reopen, which is based on ineffective assistance of counsel, need only demonstrate that his attorney's failures constitute an "adequate explanation" for reopening. See Rodriguez v. Immigration & Naturalization Serv., 841 F.2d 865, 872 (9th Cir.1987). While we express no view on the correctness of this more lenient requirement, we hold that the petitioner, in this case, failed to meet it. As indicated above, petitioner has failed to prove that his previous attorney was ineffective in any way.

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