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General Immigration 9th Cir: atty cannot threaten to withdraw to force client to take VD | 9th Cir: atty cannot threaten to withdraw to force client to take VD |
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| Thursday, 31 July 2008 | |||||
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Rawshan Nehad v. Mukasey (9th Cir. 7/31/08) POLLACK (dct), WFletcher, Gould Petitioner's former counsel threatened to withdraw 2 hours before a hearing (for personal reasons), unless he gave up his asylum claim and took VD. He did, but then sought reopening and complied with Lozada. The CtApp found that (1) where personal circumstances make it difficult to continue as counsel, an atty has a duty to withdraw in a way that won't harm the client; and (2) only the client, not atty, can settle the case; attys may not coerce settlement or withdraw because settlement is declined. CtApp found prejudice, noting potential asylum claim as to Afghanistan, and as to whether the state court had permitted him to withdraw his guilty plea only for immigration reasons, or whether his insanity had something to do with it.
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