United States Ninth Circuit

Petition for review of denials of cancellation of removal and a motion to reopen is granted as to the denial of his motion to reopen proceedings and a related ineffective assistance of counsel claim where: 1) the claim was reviewable as it was his first opportunity to raise it, and the claim asserted a due process violation; and 2) the denial of effective counsel rose to the level of a due process violation and was prejudicial.

Appellate Information

• Argued 02/17/2006
• Decided 09/25/2006
• Published 09/25/2006

Judges

• Before:  B. FLETCHER, A. WALLACE TASHIMA, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mary Beth Canty, Laura Boyle, Josh Chetwynd, Law Students, Tucson, AZ, argued the case for the petitioner;  Willie M. Jordan-Curtis, Ph.D., J.D., Esq., Assistant Dean for Student Affairs and Associate Clinical Professor of Law, The University of Arizona, Rogers College of Law, Pro Bono Appellate Project, Tucson, AZ, was on the briefs for the petitioner.


• For Appellees:
  
• Arthur L. Rabin, Department of Justice, Washington, DC, argued the case for the respondent;  Peter D. Keisler, Assistant Attorney General, Michelle Gorden Latour, Assistant Director, Linda S. Wendtland, Assistant Director, and Cindy S. Ferrier, Senior Litigation Counsel, Washington, DC, were on the briefs for the respondent.