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February 21, 2018

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Fifth Circuit criticizes immigration appeals attorney

February 23, 2017

In an unpublished decision on Wednesday, the Fifth Circuit Court of Appeals criticized an immigration attorney in the case of Poscual-Jimenez v. Jeff Sessions, No. 15-60550 (Fifth Cir. Feb. 22, 2017) for filing a brief which was "virtually identical to the brief he filed with the [Board of Immigration Appeals]."  The Court also stated that "the arguments section contains only conclusory assertions and no citations to the administrative record."  Finally, the Court concluded, "Because Poscual-Jimenez has not meaningfully challenged the BIA’s reasoning that he was ineligible for withholding of removal and [Convention Against Torture] protection, he is deemed to have waived those claims."

 

Remarkably, the attorney has a 10/10 rating on Avvo.com and claims to have handled over 10,000 immigration cases.  It is a sad reflection on the immigration bar that this attorney may have charged his client thousands of dollars to copy and paste a brief he had already been paid once to write to the BIA. He failed to research or follow even the most basic rules of appellate practice.  Had this attorney diligently represented the interests of his client, there is no way of knowing if Poscual-Jimenez could have been granted protection against torture by a foreign government.

 

 

 

 

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