Tesfamariam

MEMORANDUM **

Petitioner Mesfun Tesfamariam is an Eritrean citizen who applied for asylum, withholding of removal, and relief under the Convention Against Torture. After a hearing, the Immigration Judge Jay Segal (“the IJ”) made an adverse credibility finding. Based on that finding, the IJ denied Tesfamariam’s application.

Tesfamariam appealed the IJ’s decision to the Bureau of Immigration Appeals (“BIA”). In the Notice of Appeal, Tesfamariam’s then-lawyer, Dan Agyeman, indicated that he would file a separate, written brief. However, Agyeman never filed the brief with the BIA. On April 4, 2002, the BIA summarily dismissed Tesfamariam’s appeal for failure to file the brief. Sometime in mid-May 2002, Tesfamariam learned that the BIA had dismissed his appeal, that the reason for the dismissal was Agyeman’s failure to file the brief, and that Agyeman had permanently left the country.

On December 9, 2002, with the assistance of new counsel, Tesfamariam filed a motion to reopen. Based on an asserted ineffectiveness of his first counsel, Tesfamariam asked for two things. First, he asked the BIA to vacate its April 4, 2002 order dismissing his appeal from the IJ’s decision, and to…