The case is captioned In the Matter of Scott I. Yu, No. 2016PR00104. Immigration malpractice is troubling for courts because Illinois does not allow a plaintiff to recover non-economic damages. Also, often the plaintiff has been deported so may be unable to prosecute a malpractice case. In this instance, the ARDC has charged a lawyer with the failure to provide competent representation where, in three separate cases, he failed to timely file appeals of adverse immigration orders. As a result, the Court of Appeals lacked jurisdiction over the matters and could not hear the cases. Apparently, after the Board of Immigration Appeals denied the client’s application, Yu filed a motion to reconsider which does not toll the time period for an appeal. When that motion to reconsider was denied, Yu tried to file an appeal, but the appeal was untimely.
The allegations in one of the counts of the complaint are provided here:
14. In February 2013, Jose Arriaga-Hernandez, a citizen of Mexico residing in the United States, sought relief from removal from the United States by filing an application for cancellation of removal in U.S. Immigration Court, case number A200-838-740.