The following excerpt is from Zamorano v. Garland, 2 F.4th 1213 (9th Cir. 2021):
Second, a "failure to advise" about "apparent eligibility to apply for any of the benefits enumerated," in Chapter V, id. at 626, can be excused "when the petitioner's eligibility for relief is not plausible, " id. at 627 (quoting United States v. Rojas-Pedroza , 716 F.3d 1253, 126567 (9th Cir. 2013) ). Said otherwise, if a petitioner does not have a plausible basis for a Chapter V benefit, the alien was not prejudiced by the failure to advise. See id. ; see also Rojas-Pedroza , 716 F.3d at 1263.
1
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.