Guzman-Torralva v. Garland, No. 21-3360 (6th Cir. 2022)
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Guzman-Torralva, a 35-year-old Mexican citizen, illegally entered the United States at age 19. He lives in New Jersey and has two children who are U.S. citizens. In 2018, ICE detained him as an alien present without being admitted or paroled. Attorney Krajenke represented Guzman-Torralva at his first hearing, at which he conceded removability; a second hearing was set for November 28, Guzman-Torralva was released on bond. The second hearing was rescheduled. The updated notice again warned Guzman-Torralva that failing to appear could result in an order of removal being issued in his absence. Guzman-Torralva then hired a new attorney, Fuentes, who filed an appearance and moved to change the venue of the hearing. His filings were rejected because Fuentes failed to provide proof of service on Krajenke and to properly sign and paginate the filings. Neither Guzman-Torralva, Krajenke, nor Fuentes appeared at the hearing,
Guzman-Torralva was ordered removed in absentia. Guzman-Torralva then hired a third attorney and moved to reopen his removal order, citing ineffective assistance of counsel. The immigration court denied the motion because Guzman-Torralva had not filed a bar complaint against Fuentes nor adequately explained the failure to do so. The BIA denied his appeal for the same reason. The Sixth Circuit denied a petition for review. Precedent requires more than a statement that the alien is “not interested in filing a formal complaint.”
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