Substantial compliance with Lozada supports appeal and remand

Matter of Morales-Bribiesca, 2010 WL 4500889, A047-770-293 (BIA Oct. 18, 2010) (Cleveland).

The noncitizen's prior attorney, without consulting with the noncitizen, conceded removability as a smuggler.  Upon learning that she would be ineligible for cancellation of removal, she tried to amend her pleadings.  The IJ denied the request and ordered her removed. 

On appeal, the noncitizen and her new attorney alleged ineffective assistance of counsel. Although she did not include a fee agreement or lodge a disciplinary complaint against the prior counsel, she included that attorney's affidavit accepting responsibility for conceding removability without first consulting with noncitizen.

Finding the representation "egregious," the BIA found that the attorney's concession was not binding on the noncitizen.  The BIA remanded for a hearing on the noncitizen's removability and eligibility for relief from removal.