United States v. Innocent Batamula
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EDITH BROWN CLEMENT, Circuit Judge, joined by STEWART, Chief Judge, and JOLLY, DAVIS, JONES, SMITH, PRADO *, OWEN, ELROD, SOUTHWICK, HAYNES *, HIGGINSON, and COSTA, Circuit Judges:
The court voted to rehear this case en banc to consider whether Innocent Ruta-hagara Batamula has made a sufficient showing of prejudice in his ineffective assistance of counsel claim to survive summary judgment. We hold that Batamula failed to allege a non-frivolous prejudice claim and accordingly we AFFIRM the district court.
I
Batamula, a Tanzanian citizen, entered the United States on a student visa in 2001 and…
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