The Sixth Circuit has dismissed in part and denied in part consolidated petitions filed by a Liberian lawful permanent resident ordered removed after firearms convictions and an embezzlement conviction. Prior counsel had conceded removability and applied for cancellation of removal, which was denied in discretion.
The Court dismissed the direct challenge to removability for lack of exhaustion (the direct appeal to the agency did not challenge his removability) and dismissed the discretionary cancellation challenge for lack of jurisdiction. The Court also denied the ineffective assistance claim because the respondent did not satisfy Lozada’s procedural requirements; photocopies of unsent letters and unfiled grievance forms were insufficient to show that a bar complaint had actually been filed and prior counsel had actually be notified of the charges against him. The Court further upheld the BIA’s denial of the government’s unsupported motion to reopen and dismiss, since it failed to explain what circumstances had changed since issuance of the final removal order that would justify reopening.
The full text of Morris v. Blanche can be found here: https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0182p-06.pdf