Legal Opinion
Thuy-Xuan Mai v. Gonzales
Court of Appeals for the Fifth Circuit
Decided December 13, 2006No. 04-60871PublishedCited by 49 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
Thuy-Xuan Mai (“Mai”) petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen. Because we find that the BIA abused its discretion in denying Mai’s petition on the basis that his counsel was not ineffective, we remand for a determination whether Mai was prejudiced by his counsel’s acts.
I
Mai is a native and citizen of Vietnam who originally entered the United States as a humanitarian refugee under the Immigration and Nationalization Act (INA) § 207, 8 U.S.C. § 1157, and who became a legal permanent resident in 1987.…
2Cases cited16 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- LOZADABoard of Immigration Appeals · 1988
- Allentown MacK Sales & Service, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1998
- Julio Lozada v. Immigration and Naturalization ServiceCourt of Appeals for the First Circuit · 1988
- Lopez-Gomez v. AshcroftCourt of Appeals for the Fifth Circuit · 2001
11 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Santiago-Rodriguez v. HolderCourt of Appeals for the Ninth Circuit · 2011
- Jezierski v. MukaseyCourt of Appeals for the Seventh Circuit · 2008
- United States v. Villanueva-DiazCourt of Appeals for the Fifth Circuit · 2011
- Dilshad Sattani v. Eric Holder, Jr.Court of Appeals for the Fifth Circuit · 2014
- Nadim Hanna v. Eric Holder, Jr.Court of Appeals for the Sixth Circuit · 2014
44 more not listed; retrieve them via the Exa API.