United States v. Brigido Lopez-Chavez

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 first two § 1326(d) requirements were satisfied because \counsel's ineffectiveness . . . caused [defendant's] failure to exhaust administrative remedies and deprived him of his opportunity for judicial review\
• concluding that counsel was ineffective in conceding removability where the removal order was based on the sole ground that the defendant's state law marijuana offense was an aggravated felony because that very issue was an open question in the applicable jurisdiction at the time of the order
• finding ineffective assistance where counsel conceded removability when there was clear precedent establishing that the respondent was not removable as charged
• finding that ineffective assistance of counsel excuses exhaustion requirement
• finding ineffective assistance of counsel in a deportation proceeding where counsel failed \to do the minimal research\ that would have led to the conclusion of an \open issue\ for removability
• defendant’s attorney “failed to appeal to the BIA and then petition the Seventh Circuit” for relief from removal order despite “clear basis” for doing so

Source: CourtListener parenthetical corpus (CC0).