Our client was not represented by our firm during his immigration court proceedings. At a hearing before the court, his prior counsel requested a continuance which was denied. Additionally, the Immigration Judge pretermitted, denied, our client's application to adjust status.
Our office filed a motion with the Board of Immigration Appeals to remand the case based on the ineffectiveness of our client's prior counsel, including prior counsel's failure to submit an affidavit of support to the Immigration Court. The Board found that our client made a prima facie case of ineffectiveness of counsel under Matter of Lozada, and remanded the case to the Immigration Court for further proceedings.
Update: The written decision of the Board of Immigration Appeals can be found online here.