Skip to main content

This case presented similar issues to Afanwi v. Mukasey, with the difference that the ineffective assistance of counsel occurred prior to removal proceedings rather than after those proceedings had terminated.  The Supreme Court certiorari petition was filed pro se by the asylum seeker, who thereafter requested the National Immigrant Justice Center’s (NIJC) assistance.  NIJC agreed to represent Mr. Machado in his petition for certiorari to the Supreme Court.  After negotiations between the Solicitor General’s office and both Mr. Machado and Mr. Afanwi, the Solicitor General recommended that the Supreme Court vacate the lower court’s decision, and remand for reconsideration.  The Supreme Court agreed and remanded the case.

Read Mr. Machado's pro se petition for certiorari here.

Read the response from the Solicitor General here.

Read the NIJC's reply brief here.