Bibi Fazallah Green v. Immigration and Naturalization Service

OPINION OF THE COURT

LOUIS H. POLLAK, District Judge.

This case is about the negligent failure of an attorney representing a deportable alien — a woman who has lived in the United States for twenty-five years and has a husband and two children who are American citizens — to file with the immigration judge in timely fashion an application for discretionary relief that, if found meritorious, would have saved his client from deportation. Because of the attorney’s lapse, the immigration judge (1) ruled that the intended application for discretionary relief had been abandoned, and (2) ordered the…