Immigration – Removal Order

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7^th Circuit Court of Appeals

Case Name: Carlos Alvarez-Espino v. William P. Barr

Case No.: 19-2289

Officials: BRENNAN, SCUDDER, and ST. EVE, Circuit Judges.

Focus: Immigration – Removal Order

Carlos Alvarez‐Espino entered the United States illegally in 1996, settled in Chicago, but later ran into legal trouble and came to the attention of immigration enforcement. During his time here, Alvarez‐Espino assisted law enforcement by helping to solve a 2002 gas station robbery in which he was held at gunpoint. Helping the police made Alvarez‐Espino potentially eligible for a U visa, which could allow him to stay in the United States. He hired immigration counsel, but his lawyer failed to realize that Alvarez‐ Espino had a chance at receiving a U visa and instead pursued another remedy without success. Alvarez‐Espino changed lawyers, but it was too late to reverse course. After protracted proceedings, the Board of Immigration Appeals denied multiple requests for relief, leaving Alvarez‐Espino at risk of removal.

In denying relief, the Board held Alvarez‐Espino to an un‐ duly demanding burden on his allegation of ineffective assistance of counsel. But the law is equally clear that Alvarez‐Espino’s ability to continue pursuing a U visa means that he cannot show prejudice from his attorney’s performance. So we are left to deny his petition for review.

Petition denied

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.