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ARIS v. MUKASEY

Docket No. 07-1211-ag.

517 F.3d 595 (2008)

Garfield Livern St. Valentine ARIS, Petitioner, v. Michael B. MUKASEY, Respondent.

United States Court of Appeals, Second Circuit.

Decided: February 20, 2008.

Attorney(s) appearing for the Case

Tanisha L. Massie (Lewis J. Liman, Evan Criddle, Daniel E. Zipp, Anton A. Ware, of counsel), Cleary Gottlieb Steen & Hamilton LLP, New York, N.Y., for Petitioner.

Russell J.E. Verby, Senior Litigation Counsel, Office of Immigration Litigation (Peter D. Keisler, Assistant Attorney General, Barry J. Pettinato, Assistant Director, Office of Immigration Litigation, of counsel), Civil Division, U.S. Department of Justice, Washington, DC, for Respondent.

Before KATZMANN, PARKER, and RAGGI, Circuit Judges.

KATZMANN, Circuit Judge:

With disturbing frequency, this Court encounters evidence of ineffective representation by attorneys retained by immigrants seeking legal status in this country. We have previously indicated that ineffective assistance of counsel can constitute an "exceptional circumstance" warranting the reopening of a deportation order entered in absentia. See Twum v. INS, 411 F.3d 54, 59 n. 4 (2d Cir.2005). We write...

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