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· 3/1/1993

Antonio Esposito v. Immigration and Naturalization Service

Citations

  • 987 F.2d 108
  • 1993 U.S. App. LEXIS 3279

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reasoning that, to allege prejudice, petitioner must show that “result would have been different” had counsel not erred
  • concluding that all evidentiary requirements had been met
  • vacating the BIA’s denial of the petitioner’s motion to reopen and reconsider deportation order on the ground of ineffective assistance of counsel where the petitioner complied with Lozada’s requirements
  • excusing bar complaint requirement where petitioner mistakenly believed that attorney' had already been suspended from the practice of law
  • addressing ineffective assistance of counsel where counsel failed to file an appeal
  • “Esposito has not escaped from custody, the INS never requested a bench warrant for his arrest, and Esposito never concealed his whereabouts from the INS.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Oakes, Newman, Mahoney

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.