WHEN placed into removal proceedings, the wise alien hires a knowledgeable and experienced immigration attorney to represent him. In so doing, he reasonably relies upon his attorney’s expertise. He hopes and expects that his attorney will raise and effectively present his case before the court. Most of the time, his reliance is well-placed. When it is not, he may be able to have his case reopened by raising a claim of ineffective assistance of counsel.

In 1988, the Board of Immigration Appeals (BIA) issued a decision in Matter of Lozada, which established the procedural requirements for filing a motion to reopen deportation or removal proceedings based upon a claim of ineffective assistance of counsel. The Lozada motion has four requirements. It must be supported by affidavit setting forth the agreement and representations by counsel. It must inform the counsel against whom the claim is made of the claim and give counsel an opportunity to respond. It must also reflect whether a claim or charge has been filed with the bar to which the counsel is a member. If one has not been made, it must explain why not. Finally, it must show how the alien was prejudiced by the action or inaction of his counsel.