Bradley Attorney Riley McDaniel Quoted in Law360 on BIA Mishandling that Led to Revived Removal Appeal
April, 2021 - Birmingham, Alabama
Bradley attorney Riley McDaniel was quoted in Law360 on the Eleventh Circuit's decision to revive a Gambian man's bid to remain in the U.S., rebuking the Board of Immigration Appeals (BIA) for misrepresenting how attorney misconduct skewed his removal proceedings.
In 2011, the U.S. Department of Homeland Security launched removal proceedings against Shiekh Nyang, who has lived in the U.S. since 1996 and has several family members here, including a wife and son. In April 2016, he missed a court case and was ordered removed in absentia. Shortly after, he was taken into immigration detention. His attorney at the time did not file a motion to reopen proceedings until after the 180-day window had passed. The belated motion contained false accusations, a forged letter and misspellings of Nyang's first name, and was dismissed by an immigration judge.
After receiving a copy of his case filings and discovering the alleged deficiencies, Nyang launched a new motion on his own behalf and sought habeas relief from a federal court in Alabama. His motion and habeas appeal were denied, but he appealed to the Eleventh Circuit and was recently appointed new counsel.
As Nyang's new attorney, McDaniel said that his client was glad to have a chance to be heard.
"I am proud to have been appointed to represent him, and Mr. Nyang looks forward to the opportunity to present the merits of his case," said McDaniel.
The original article, "BIA Mishandling of Forged Letter Resurrects Removal Appeal," appeared in Law360 on April 23, 2021.
