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· 12/20/2004

Obleshchenko v. Ashcroft

Citations

  • 392 F.3d 970
  • 2004 U.S. App. LEXIS 26424

How courts have described this case

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

  • concluding that petitioners failed to demonstrate prejudice when they argued competent counsel would have submitted corroborating evidence but then failed to file relevant corroborating documents
  • concluding that because applicants had no protected liberty or property interest in the discretionary statutory relief they sought, they had no right to effective assistance of counsel
  • applicant must show counsel’s performance was so inadequate it “may well have resulted in a deportation that would not otherwise have occurred,” akin to a “reasonable probability” standard
  • to determine whether noncitizens demonstrated prejudice, this court asks if there is a reasonable probability that the IJ would have altered its judgment had noncitizens been represented by what they considered to be competent counsel

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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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.