immigration uncovered podcast

Featuring

James Pittman

James Pittman

Docketwise

Rekha Sharma-Crawford

Rekha Sharma-Crawford

Partner, Sharma-Crawford Attorneys at Law

EPISODE:
038

Ineffective Assistance of Counsel in The Immigration Context

In this episode of Immigration Uncovered, host James Pittman interviews Rekha Sharma Crawford, the current treasurer of AILA (American Immigration Lawyers Association). They discuss the concept of ineffective assistance of counsel in immigration law and the problems with the Lozada framework that requires filing a bar complaint against the prior attorney.

Key Discussion Points:

  • What is ineffective assistance of counsel and how it impacts immigration cases.
  • Difference between handling these claims in immigration court vs outside court.
  • Background on the Lozada framework requiring bar complaints, established by the BIA over 35 years ago.
  • Concerns around the bar complaint requirement from practitioners and clients.
  • Efforts by Rekha and others to remove this requirement which bars access to representation.
  • Routes for change: legislation, litigation, attorney general review, circulating petitions.

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