DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
201117P.pdf 09/22/2020 Komlanvi Avitso v. William P. Barr
U.S. Court of Appeals Case No: 20-1117
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Loken, Author, with Gruender and Kelly, Circuit Judges]
Petition for Review - Immigration. The BIA did not abuse its discretion in
denying petitioner's motion to reopen the order removing in absentia; the
motion, which alleged ineffective assistance of counsel, did not
substantially comply with the requirements of Matter of Lozada, 181 I.& N.
Dec. 637 (BIA 1988); petitioner provided no evidence that he had notified
his former counsel of his ineffective assistance claim, provided her an
opportunity to respond or filed a complaint with the appropriate state
disciplinary authorities. Judge Kelly, dissenting.