Attorney will have to prove that she never received the decision. Based on such evidence, attorney should file the motion with 9th circuit and file Petition for Review or whatever next motion your case's facts dictate. It is going to be very tough to prove that attorney in fact never received the decision.
You can ask the Board to reissue the decision which may preserve the right to appeal to the Circuit Court of Appeals. However, whether this is viable depends on the facts of your case. You need to consult with an experienced immigration attorney if you want a realistic second opinion.
Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
Devore Law Group, P.A.
2925 PGA Blvd., Suite 204
Palm Beach Gardens, FL 33410
Telephone: (561) 478-5353
Facsimile: (561) 478-2144
You have an attorney. He/she knows the facts of your case. We do not. You need to ask your questions from your attorney.
You are essentially asking us to second guess your attorney without having all the facts. No competent attorney is going to do that.
You certainly are entitled to a second opinion. However, rendering a second opinion requires an analysis of all the facts, including any filings by your present attorney. That is not something that can be done for free through Avvo. You would need to retain an attorney for the purpose of giving you that second opinion.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.