The Seventh Circuit reversed the denial of a motion to reopen based on ineffective assistance of counsel. The BIA indicated that the evidence presented in support of the IAC claim was not likely to have changed the outcome of the case. The Seventh Circuit that the BIA erroneously applied a standard of probability, rather than possibility. "The Board’s 'would likely have altered the outcome' language suggests that it was requiring Sanchez to show it was more likely than not (i.e., a probability of more than 50 percent) that the outcome of the removal proceeding would have been favorable to Sanchez but for his counsel’s alleged missteps. But in actuality, Sanchez needed only to establish that he would have had a reasonable chance of prevailing had his counsel provided him with competent representation."
The full text of Sanchez v. Sessions can be found here: