A federal appeals court has ruled that an African immigrant facing deportation over a drug trafficking conviction cannot be removed until his ineffective assistance of counsel claim has been addressed.

The U.S. Court of Appeals for the Third Circuit on Tuesday vacated a Middle District of Pennsylvania judge’s ruling that it did not have jurisdiction to review petitioner Euphrem Dohou’s removal order. In addition to his ineffective counsel claim, Dohou challenged claims that he resisted agents’ attempts to deport him.