Sanchez v. Sessions

Record failed to support Bd.’s denial of motion by alien seeking to reopen its prior decision directing alien’s removal based on series of driving while under influence convictions, even though alien had originally requested discretionary cancellation of removal based on alleged hardship that his removal would have on his children. Alien alleged in motion to reconsider that his prior counsel was ineffective for failing to present sufficient evidence in original removal proceeding to establish both his good moral character in spite of his four convictions for driving under the influence and extraordinary hardship on his children. Bd., though, used wrong legal standard, i.e., that alien failed to show that his prior counsel’s ineffective assistance of counsel would likely have altered outcome of initial removal proceeding, when denying reconsideration request, since Bd. essentially articulated standard that counsel’s ineffective assistance of counsel “probably” altered outcome of initial removal proceedings instead of “possibly” altered outcome of proceedings, which was correct standard. As such, remand was required for Bd. to re-evaluate motion to reopen removal proceedings.