Saakian v. INS
1st Circuit
252 F.3d 21 (2001)
Relevant factsFree
Saakian (defendant), an Armenian asylum-seeker, hired a non-attorney representative who wrongly told him he did not need to attend his deportation hearing; he was ordered deported in absentia as a result. Saakian filed a pro se motion to reopen alleging ineffective assistance, which the immigration judge denied for failing to meet evidentiary requirements, while suggesting Saakian could not fix or refile it. The Board of Immigration Appeals affirmed, and Saakian petitioned the First Circuit, claiming a due process violation.
IssueFree
Whether an alien deported in absentia who files a pro se motion to reopen based on ineffective assistance of counsel must be given an opportunity to remedy that motion or file a new one.