Read Hernandez-Gil v. Gonzales, 04-72303

A petition for review of a denial of petitioner's application for cancellation of removal is granted where an IJ prejudicially erred in denying petitioner's motion for a continuance and violated his statutory right to counsel by proceeding with a merits hearing without his attorney being present.

Appellate Information

• Argued 10/20/2006
• Submitted 10/20/2006
• Decided 02/16/2007
• Published 02/16/2007

Judges

• GOULD, Circuit Judge., Before HARRY PREGERSON, RONALD M. GOULD, and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Carlos A. Singer, Quinn Emanuel Urquhart Oliver & Hedges, LLP, Los Angeles, CA, for petitioner Edgar Hernandez-Gil.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Civil Division;  Anthony W. Norwood, Senior Litigation Counsel;  and Virginia Lum, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent Alberto Gonzales, United States Attorney General.