Take a few moments to read it...
So, I can’t
emphasize enough the importance of that.
The other part which is tragic, there was a case just on our last calendar, where a woman,
a Chinese woman, had come in, self-represented herself through the IJ process. It
happens that she has two children. Now Congress, in its wisdom, has determined that
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anyone who can show that they suffered the threat of sterilization or forced abortion
under China’s One Child Family policy, automatically, under the statute, qualifies for
asylum. It’s a statutory grant, basically. But this woman never made the argument, and
the IJ didn’t pick up on it. And then she gets a, finally she gets a lawyer who comes in,
and he misses the issue. And then she gets another lawyer to take it to the BIA, but of
course by then the time limits have all be waived.
So, ultimately when it comes to us, we have a case start out self-representation, two
lawyers each of whom is alleged to have committed ineffective assistance of counsel, and
the BIA will look at IAC claims. They’re not under the Sixth Amendment; they’re under
the Fifth Amendment as to whether the quality of representation has been so lousy, that it
really has denied them fundamental due process.
And so the question is, ‘what happens?’ This woman has, what appears on the surface
anyway, to be a slam-dunk asylum claim now.
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