The following excerpt is from Arango-Aradondo v. I.N.S., 13 F.3d 610 (2nd Cir. 1994):
Arango next argues that his representative's performance was "so ineffective as to have impinged upon the fundamental fairness of the hearing in violation of the fifth amendment due process clause." Saleh v. United States Dep't of Justice, 962 F.2d 234, 241 (2d Cir.1992) (internal quotations omitted). Arango focuses on the representative's failure to present certain evidence to the immigration judge, including the fact that his current prison sentence was for an attempted sale of less than one-fifth of an ounce of cocaine and that, if deported to Colombia, Arango would be unable to receive public assistance, would be unlikely to receive medical care for his AIDS condition, and would be forced to live in a country in which there allegedly are systematic murders of the displaced poor. Arango argues that the omission of this evidence "plainly influenced" the immigration judge's decision.
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.