United States Ninth Circuit

The Board of Immigration Appeals acted ultra vires in issuing an order of deportation instead of remanding it to the Immigration Judge.

Appellate Information

• Argued 08/11/2004
• Decided 12/28/2004
• Published 12/28/2004

Judges

• HAWKINS, Circuit Judge:, Before: PREGERSON, KOZINSKI, and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Walter Rafael Pineda and Charles E. Nichol (argued), Law Office of Walter Rafael Pineda, San Francisco, CA, for the petitioner.


• For Appellees:
  
• Aviva Poczter, Office of Immigration Litigation, Civil Division, Department of Justice, Washington, DC, for the respondent.