United States Ninth Circuit

Petitioners' failure to attend their removal hearing was due to ineffective assistance of counsel which was an "exceptional circumstance" under 8 U.S.C. section 1229a(e)(1), requiring rescission of their removal order pursuant to section 1229a(b)(5)(C)(i).

Appellate Information

• Argued 02/07/2003
• Decided 08/27/2003
• Published 08/27/2003

Judges

• Before HALL, THOMPSON and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David L. Ross, Ross, Rose & Hammill, LLP, Beverly Hills, CA, for the petitioners.


• For Appellees:
  
• David E. Dauenheimer and Stephen J. Flynn, U.S. Department of Justice, Washington, DC, for the respondent.