The Ninth Circuit has rejected a claim that a petitioner’s two prior attorneys committed ineffective assistance of counsel by failing to file untimely motions to reopen for him at an earlier date. “Under the circumstances of this case, we thus cannot conclude that to avoid engaging in ‘egregious conduct that threatens the fairness of the proceedings,’ petitioner’s prior lawyers were required to file untimely motions to reopen with no apparent prospect for avoiding the time bar.”
The full text of Hernandez-Ortiz v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2022/04/26/16-72752.pdf