What is the test for establishing fundamental fairness in the context of a claim that an expert counsel would have acted otherwise?
MultiRegion, United States of America
The following excerpt is from Iavorski v. U.S. Immigration & Naturalization, 232 F.3d 124 (2nd Cir. 2000):
of fundamental fairness is established when "(1) '. . . competent counsel would have acted otherwise,' and (2) '[the alien] was prejudiced by [] counsel's performance.'" Rabiu, 41 F.3d at 882 (quoting Esposito v. INS, 987 F.2d 108, 111 (2d Cir. 1993) (per curiam)).3
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