Flores-Panameno v. U.S. Attorney General

The Eleventh Circuit granted a petition for review of the BIA's dismissal of petitioner's appeal based on the ineffective assistance of counsel. Petitioner claimed that counsel misled her into accepting voluntary departure by telling her she would immediately be deported if she did not accept it. The court held that petitioner bore the burden of producing a transcript of the hearing and, because she did not produce a transcript, the court found that it could rely on the IJ's reconstruction of the record. However, in this case, the IJ's reconstruction may be incomplete and the court was unable to fully assess petitioner's voluntariness in regard to her acceptance of a voluntary departure. Therefore, the court remanded to the BIA to determine the full scope of that issue. View "Flores-Panameno v. U.S. Attorney General" on Justia Law