Habib v. Lynch

Bd. erred in denying alien’s motion to reopen his removal proceedings based on claim that his lawyer was ineffective when conceding that alien was not validly married to U.S. citizen at time he had applied to become permanent resident based on alien’s marriage to U.S. citizen. Basis for removal was finding that alien had previously obtained immigration benefits through fraud or misrepresentation due to alien’s failure to disclose existence of prior marriage to Pakistani woman that had not been dissolved at time of marriage to U.S. citizen, and lawyer’s concession precluded alien from establishing (through recently obtained divorce decree) that prior marriage had been dissolved before his marriage to U.S. citizen. Thus, alien was entitled to remand to establish both that his marriage to U.S. citizen was valid, and that his admitted failure to disclose prior marriage on application for permanent resident status was immaterial.