On remand from the Tenth Circuit, the Board of Immigration Appeals has clarified what a motion to reopen based on ineffective assistance of counsel must include to satisfy Matter of Lozada's requirement that the motion reflect whether a bar complaint has been filed. The respondents, a Honduran mother and daughter, had submitted proof that a complaint was mailed to disciplinary authorities but not the contents of the complaint itself.
The Board held that both the substance of the bar complaint and proof of its filing are required, agreeing with the Eighth Circuit's reasoning in Irias v. Bondi that merely describing the complaint's content in the motion, or proving only that something was mailed, is insufficient, particularly where new counsel works at the same firm as the attorney accused of ineffectiveness. The Board gave the respondents thirty days to submit the actual bar complaint or have their motion automatically denied.
The full text of Matter of L-R-M-C- & V-A-M-M- can be found here: https://www.justice.gov/eoir/media/1452566/dl?inline