Jaib Singh Ray v. Alberto R. Gonzales, Attorney General

How courts have described this case

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

• holding that 'prejudice is found when the performance of counsel was so inadequate that it may have affected the outcome of the proceedings'
• noting that the court may address in the first instance purely legal questions over which the agency “claims no particular expertise”
• finding prejudice where BIA denied motion only due to the motion’s untimeliness
• counsel received large sums of money from his client in return for “provid[ing] no substantive legal assistance whatsoever”
• “If [counsel] did in fact fail to file a brief on Ray’s behalf, then the BIA’s cursory review of the merits of Ray’s appeal is insufficient because it deprived Ray of the adversarial proceeding to which he was entitled.”
• petitioner provided “proof that he retained legal help in a timely and diligent fashion, repeatedly contacted his attorneys, paid them large sums of money for their services, and received assurances from them that they were handling his case appropriately and diligently”

Source: CourtListener parenthetical corpus (CC0).