Sixth Circuit remands for further consideration of ineffective assistance claim

Zheng v. Holder, http://www.ca6.uscourts.gov/opinions.pdf/10a0790n-06.pdf (December 28, 2010, unpublished).

First, the Court dismissed the Chinese coercive population control case.  It upheld the adverse credibility finding based on inconsistencies in the claim, demeanor, and lack of corroboration.

Second, the Court granted the claim based on ineffective assistance of counsel because the BIA's was incomplete.  The gaps in the decision made it impossible for the Court to review the BIA's reasoning for rejecting the ineffective assistance claim.  The Court did not reach the noncitizen's claim of whether she has a due process right to effective assistance, given the remand.  The ineffective assistance claim was based on the failure of her trial and appellate attorneys to advise her to have her family testify (they were available to do so) or to submit new evidence on appeal.