Douglas Castaneda-Suarez v. Immigration and Naturalization Service

How courts have described this case

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

• recognizing alien's Fifth Amendment right to due process in deportation proceedings and stating that ineffective counsel can result in denial of this right
• noting that Nava-Placeris has two children, an infant daughter and a fourteen year old boy, and emphasizing that Nava-Placeris's ex-wife testified that Nava-Placeris's departure would be detrimental to the boy
• requiring petitioner to first present ineffective as- sistance claim in a motion to reopen before the BIA
• concerning claim that attorney failed to file application for discretionary relief, failed to submit brief in support of appeal to Board, and failed to seek reopening before Board
• granting stay until a motion to reopen is addressed by Board
• \[C]counsel at a deportation hearing may be so ineffective as to have impinged upon the fundamental fairness of the hearing in violation of the fifth amendment due process clause.\

Source: CourtListener parenthetical corpus (CC0).