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Legal Opinion

Motta v. District Director, Immigration & Naturalization Service

District Court, D. Massachusetts

Decided November 29, 1994No. Civ. A. 94-11819-DPWPublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM AND ORDERS

WOODLOCK, District Judge.

An inattentive semi-retired lawyer represented the Petitioner in deportation proceedings. The lawyer let the administrative appeal date lapse, apparently while he wintered in Florida. He then filed the notice of appeal about a month late. Some 53 months thereafter the Board of Immigration Appeals, in a one-page decision, denied the appeal as “clearly untimely.” Acting pursuant to habeas corpus jurisdiction, I will stay Petitioner’s deportation until he has been provided with what an ineffective attorney and an unseasonably insensible…

2Cases cited77 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Penson v. OhioSupreme Court of the United States · 1988
  3. United States v. CronicSupreme Court of the United States · 1984
  4. Evitts v. LuceySupreme Court of the United States · 1985
  5. Logan v. Zimmerman Brush Co.Supreme Court of the United States · 1982

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3Cited by13 opinions

  1. Terry P. Daniels v. United StatesCourt of Appeals for the Seventh Circuit · 1995
  2. Antonio Jose P. Motta v. District Director of Immigration & Naturalization ServicesCourt of Appeals for the First Circuit · 1995
  3. Ozoanya v. RenoDistrict Court, District of Columbia · 1997
  4. Almon v. RenoDistrict Court, D. Massachusetts · 1998
  5. Mendonca v. Immigration & Naturalization ServiceDistrict Court, D. Massachusetts · 1999

8 more not listed; retrieve them via the Exa API.

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