The following excerpt is from Escobar-Cortez v. I.N.S., 94 F.3d 650 (9th Cir. 1996):
The BIA has held that to obtain review of an ineffective assistance of counsel claim, the alien must submit an affidavit stating the relevant facts and detailing the nature of the attorney-client agreement. Matter of Lozada, 19 I & N 637, 639 (BIA) aff'd sub nom Lozada v. INS, 857 F.2d 10 (1st Cir.1988). To limit the "potential for abuse," the BIA requires that former counsel be informed of the allegations and given an opportunity to respond. Id. This insures that the record contains the "essential information" necessary to "evaluate the substance" of the alien's claim. Id.
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