U.S Dpartmnt of Jusce
Deiso of e Bod of ao AppealsExecutve Oce r Imigraon ReviewFals Cch Vgia
File: 00 40 226 -Ordo, FL re: DEI JOSE PICDO EMOV POCEEDGSMOTION Dae:ON BEHAF OF SPODva Kozlowska, sqrePLICATION: eopenng
e reponden wa ordered remove in sena by aon udge on May 26, 201.His rst moon to roen ha order was denied by nmaon ude on Ocober 3, 2011,d on u 26, 202, he Bod nd at the apea of a decsion w tey lede· respondent en ld a second moon to reopen whch wa so dened by iatonJdge, d e Bod dismissed te ape of at dcision on Mch 29, 2013.
June 25,203, e respondent submitted te inst motion o reopen Th Depn of Homd Secry h ot respondd to the moion The rcord will be remded
in who sees o reoen removal procedings llowng ey of asea reov orer mst demonsate at aens failure o app was de to "excponcrcmstces Scio 240(b)(5)(C)(i) of th miaon d Nationaity Act, 8 U.SC§ 1229ab)(5)(C)(i) eective asssc of conel may b exceion ccumtce only if e alen shows prejuce
399 F.3d 1269, 1274 ( Cir2005). A clam of inectve assistce of cosl may on to ecepio cicmsce "when applcts fae to ap s de to hs attoe's nsco.
Montan Cisneros v
51 F.3d 1224, 226 (11 Cir. 2008) (concdig h respondt showed rejdicea his aoy told him e id no need to apar at eng d a veue had ben chged);
see als atter f Galva
21 I&N Dc 472, 4734 BIA 1996) (a reondent showed predce where he was incoectly ifod by s aoeys stf a e had een a contce d he did no need to appear at he hng). T reondnt contends at er consel, s Goldenber, proded iectiveasssc by not tling
hat is motion to chge venue was did or at he ha to p at hs schedled eng, d as consel did not app at e hen erself, or me altativeements r s rresntation. Te respondent er noes a cosel led a facy defecv moion to chge vene, ntimly app bere th Bod, d untimely moonto ropen re e miation Judg While record rects t e note submssons we led pro se, Ms. oldenberg has not responded to he lgations a she, fac, was responsible r lng em Th repondent has sbmied evidence rec complice wi e procedural reqirms in
9 I&N Dec. 637 IA 1988) Moon, s C,
399 F3d 269 (th Cir. 2005). Morover, as consls eors rvted
om presenng is case, s casd hm prejudcial h. l of his record, we nd it
Cite as: Andrei Jose Picado, A200 440 226 (BIA Sept. 25, 2013)