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The Fourth Circuit held that an immigrant has no constitutional rights regarding ineffective assistance of counsel.  The National Immigrant Justice Center appeared as amicus curiae in support of rehearing en banc, which was denied.  A certiorari petition to the Supreme Court was filed. The government asked the Supreme Court to vacate the Fourth Circuit’s decision, and to remand the case, and the Supreme Court granted the government’s request.

Read the Fourth Circuit Court of Appeals opinion, 526 F.3d 788 (4th Cir. 2008).

Read the National Immigrant Justice Center's Fourth Circuit amicus brief in support of rehearing en banc.

Read Mr. Afanwi's petition for rehearing en banc.

Read the National Immigrant Justice Center litigation blog entry on this case.