03 June 2010
CELLA & ASSOCIATES WINS MOTION TO REOPEN IN MIAMI, FL
ALIEN’S PRIOR LAWYER INEFFECTIVE BY FAILING TO APPLY FOR UNITED NATIONS CONVENTION AGAINST TORTURE
After being granted Voluntary Departure, the alien Respondent argued through a Motion to Reopen prepared and filed by CELLA & ASSOCIATES, that he was the victim of ineffective assistance of counsel and that the ineffectiveness prejudiced his case before The Immigration Court. The Respondent also argued that he is eligible for the relief of protection under Article III of the Convention Against Torture, and based upon the facts of his case, his prior lawyer should have advised him and the Court of that. CELLA & ASSOCIATES, after having reviewed his case agreed and moved the Court to reopen the alien’s removal proceedings to allow him to pursue his application for the relief of protection under Article III of the Convention Against Torture. Although opposed by the Immigration Service, our Motion was granted and the alien gets to remain in the United States to prosecute his claims.