024123P.pdf   12/20/2004  V. Obleshchenko  v.  John Ashcroft
   U.S. Court of Appeals Case No:  02-4123
   Agency   
   Petition for review - Immigration. Petitioners had no right to effective 
   assistance of counsel with respect to their asylum claim; assuming 
   without deciding they had a right to effective assistance of counsel on 
   their withholding-of-deportation claim, petitioners must demonstrate 
   prejudice from counsel's performance; in determining this question, the 
   court must decide whether there was a reasonable probability the 
   Immigration Judge would have altered his judgment if petitioners had 
   been represented by competent counsel; on this record, it was reasonably 
   plain that the IJ would have denied the claim regardless of counsel's 
   efforts. 
   [PUBLISHED] [M. Arnold, Author, with Bowman and Riley, Circuit 
   Judges] 
  
024123P.pdf   07/08/2004  V. Obleshchenko  v.  John Ashcroft
   U.S. Court of Appeals Case No:  02-4123
   Agency   
   Petition for review - Immigration. Motion for stay of voluntary 
   departure must be denied; because the petitioners' voluntary-departure 
   period has expired and they did not move for stays before the expiration 
   of the period, granting a stay would have the effect of extending the 
   voluntary departure period, and under 8 C.F.R. Section 1240.26(f) 
   (2003), the power to grant extensions is limited to specific executive 
   branch officers; the petitioners' reliance on Safaie v. INS, 25 F.3d 636 
   (8th Cir. 1994) is misplaced, because the statute that case interprets is no 
   longer in effect. 
   [PUBLISHED] [Riley, Author, with Melloy and Colloton, Circuit Judges]