Martinez-Hernandez v. Holder

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Petitioner seeks review of the BIA's order denying a motion to reopen on the basis of ineffective assistance of counsel. Petitioner argued that counsel was ineffective for failing to seek cancellation of removal and for pursuing only adjustment of status. The court concluded that, even assuming inadequate performance by counsel, petitioner failed to make the necessary threshold showing that his claim for cancellation of removal was plausible. In this case, petitioner presented no argument or evidence tending to show exceptional or extremely unusual hardship to a qualifying relative, a requirement for relief under 8 U.S.C. 1229b(b)(1)(D). Accordingly, the court denied the petition. View "Martinez-Hernandez v. Holder" on Justia Law