Does a petitioner have to prove that if counsel acted otherwise, his appeal would have been successful?
MultiRegion, United States of America
The following excerpt is from I.N.S. v. Delvillar, 104 F.3d 349 (2nd Cir. 1996):
A petitioner is required to demonstrate that if his counsel had acted otherwise, his appeal would have been successful. See Esposito v. INS, 987 F.2d 108, 110 (2d Cir.1993). Delvillar has not shown this.
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