In absentia order rescinded due to ineffective assistance of counsel

Matter of Vasoeuz, A098-079-94, 2011 WL 1570476 (BIA Mar. 31, 2011) (Detroit).

The BIA found that the prior attorney's failure to file an entry of appearance and notify the court of the alien's change of address could constitute ineffective assistance of counsel supporting rescission of an in absentia order.  The BIA noted the prior attorney's poor track record.

The IJ did not believe that the prior attorney was actually representing the alien but the BIA found this to be clearly erroneous.  The BIA based this on the prior attorney's malfeasance in other cases, the alien's affidavit, and the prior attorney's failure to respond to the allegations or appear pursuant to a subpoena.