Guerrero-Santana v. Gonzales

How courts have described this case

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

• holding that the merits of petitioner’s ineffective assistance claim were immaterial as counsel’s shortcomings could not account for petitioner’s failure to timely file his second motion to reopen
• holding that “ineffective assistance of counsel in a removal proceeding may constitute a denial of due process if (and to the extent that) the proceeding is thereby rendered fundamentally unfair”
• concluding the merits of petitioner's ineffective assistance of counsel claim were immaterial when petitioner had failed to explain how his attorney's poor counsel caused the failure to comply with a temporal deadline
• upholding BIA determination that petitioner failed to exercise due diligence when he waited four years before hiring an attorney and did not promptly move to reopen
• “The petitioner has failed to explain how his previous counsels’ shortcomings caused this failure to comply with the temporal deadline. The merits of his ineffective assistance of counsel claim are, therefore, immaterial.” (footnote omitted)

Source: CourtListener parenthetical corpus (CC0).