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LU v. ASHCROFT

No. 00-3393.

259 F.3d 127 (2001)

Xu Yong Lu, Petitioner v. John Ashcroft, Attorney General of the United States; J. Scott Blackman, District Director of the United States Immigration and Naturalization Service, Philadelphia District; and the Director of Executive Office for Immigration Review; and Chairman of the Board of Immigration Appeals, Respondents.

United States Court of Appeals, Third Circuit.

Filed July 24, 2001.

Attorney(s) appearing for the Case

John B. Consevage, Esq. (Argued), Buchanan Ingersoll, 213 Market Street, One South Market Square, 3rd Floor, Harrisburg, PA 17101, Counsel for Petitioner.

Michael P. Lindemann, Esq., Linda S. Wendtland, Esq., Matthew R. Hall, Esq., Russell J.E. Verby, Esq. (Argued), United States Department of Justice, Office of Immigration Litigation, P.O. Box 878, Ben Franklin Station Washington, DC 20044, Counsel for Respondent.

BEFORE: SCIRICA, NYGAARD, and BARRY, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Petitioner Xu Yong Lu seeks to reopen immigration proceedings on account of alleged ineffective assistance of counsel. Lu filed a motion to reopen before an Immigration Judge, which was denied. The Board of Immigration Appeals affirmed, in part because Lu failed to comply with the procedural requirements laid out in Matter of Lozada, 19 I. & N. Dec. 637, 1988 WL 235454 (BIA 1988). We conclude that the...

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