The Board of Immigration Appeals has determined that when an attorney admits that they rendered ineffective assistance of counsel, their client is not excused from filing a bar complaint, when the same attorney is trying to reopen the proceedings based on their admitted ineffective assistance. In addition, the Board has determined that the respondent must show that that, but for counsel’s error, he would have prevailed on his claim, in order to establish the required prejudice for an ineffective assistance of counsel finding.
The full text of Matter of Melgar can be found here:
justice.gov/eoir/page/file/1342986/download