What is the test for ineffective representation in an immigration proceeding?

MultiRegion, United States of America

The following excerpt is from United States v. Perez-Juarez, No. 2:15-cr-00063-KJM (E.D. Cal. 2015):

To show ineffective assistance of counsel in an immigration proceeding, an alien must also show that her counsel's deficient performance resulted in prejudice. Correa-Rivera v. Holder, 706 F.3d 1128, 1133 (9th Cir. 2013). Prejudice manifests "when the performance of counsel was so inadequate that it may have affected the outcome of the proceedings." Id. (internal quotation marks, citation omitted). "To establish prejudice, [an alien] does not have to show that [she] actually would have been granted relief. Instead, [she] must only show that [she] had a 'plausible' ground for relief from deportation." Ubaldo-Figueroa, 364 F.3d at 1050.

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