United States Ninth Circuit

An alien was not given adequate instructions on how to proceed in a deportation hearing and was thus denied due process, where an adverse finding was predicated on his inability to procure his mentally ill wife's attendance and testimony at the hearing.

Appellate Information

• Argued 10/16/2001
• Decided 07/23/2002
• Published 07/23/2002

Judges

• Before FERGUSON, KLEINFELD, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Christopher B. Durbin (argued), Kristen Kay Mitchell (argued), Eric Schnapper, Amy Edwards, Seattle, Washington (University of Washington School of Law (Students of Pro Bono Program));  Leonard J. Feldman, Heller, Ehrman, White & McAuliffe, Seattle, Washington;  Daniel M. Kowalski, Ryan, Swanson & Cleveland, Seattle, WA, for the petitioner-appellant.


• For Appellees:
  
• John S. Hogan (argued) and John M. McAdams, Jr., U.S. Department of Justice, Washington, DC, for the respondent-appellee.