Legal Opinion

Frank Dawson v. Loretta E. Lynch

Court of Appeals for the Ninth Circuit

Decided December 21, 2015No. 12-72635Unpublished

1Opinion of the Court

MEMORANDUM *

Frank Bryan Dawson, a native and citizen of Belize, petitions for review of a decision of the Board of Immigration Appeals (BIA) dismissing his appeal of an Immigration Judge’s (I J) order of removal. We have jurisdiction under 8 U.S.C. § 1252(a). We grant the petition.

1. The BIA erred by denying Dawson’s request to be relieved of his former counsel’s concession of removability. A non-citizen is not bound by his attorney’s factual admissions or concession of removability where the admissions or concession were “ ‘the result of unreasonable professional judgment,’—i.e., ineffective…

2Cases cited11 opinions

  1. Khadija Mohammed v. Alberto R. Gonzales, Attorney General, Khadija Ahmed Mohamed v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
  2. Jose Reyes Ruiz-Vidal v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2007
  3. Coronado v. HolderCourt of Appeals for the Ninth Circuit · 2014
  4. VELASQUEZBoard of Immigration Appeals · 1986
  5. Pagayon v. HolderCourt of Appeals for the Ninth Circuit · 2011

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