Board did not abuse its discretion in denying alien’s motion for continuance of his appeal of IJ’s removal order so that alien could pursue pending U-visa application that would allow him to remain in U.S., even though alien argued that his initial legal counsel was ineffective for failing to ask him whether he was crime victim that formed premise of U-visa application. While Board should not have faulted alien for failing to inform his legal counsel about alien’s status as crime victim, since it was up to legal counsel to ask alien about all potential grounds to prevent removal, alien could not show any prejudice arising out of any ineffective assistance of counsel, because: (1) alien remained able to continue pursuit of U-visa or any other potential immigration relief from Mexico; and (2) mere delay in filing instant application seeking U-visa relief on behalf of alien does not constitute prejudice to alien.
Federal 7th Circuit Court
Civil Court
Immigration