Lateef Rabiu 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.

• explaining that, in immigration context, ineffective assistance claims are analyzed under Fifth Amendment Due Process Clause
• holding that in order to demonstrate ineffective assistance of counsel, an alien must show, inter alia, “that competent counsel would have acted otherwise,” and “that [the alien] was prejudiced by his counsel’s performance” (internal quotation marks omitted)
• holding counsel’s failure to file an application resulting in loss of an opportunity for a hearing to consti- tute ineffective assistance and a due process violation which is inherently prejudicial
• holding counsel’s failure to file an application resulting in loss of an opportunity for a hearing to consti- tute ineffective assistance and a due process violation which is inherently prejudicial
• holding that in order to “show that the attorney’s failure to file” an application for relief caused her “actual prejudice,” she “must make a prima facie showing that [s]he would be eligible for the relief and that [s]he could have made a strong showing in support of her application.”
• holding that in order to “show that the attorney’s failure to file” an application for relief caused her “actual prejudice,” she “must make a prima facie showing that [s]he would be eligible for the relief and that [s]he could have made a strong showing in support of her application.”

Source: CourtListener parenthetical corpus (CC0).