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United States Ninth Circuit


Montes-Lopez v. Gonzales, 05-76297

The Board of Immigration Appeals (BIA) errs when it fails on appeal to consider and decide claims that IJ proceedings suffered from procedural irregularity. A petition for review of a denial of El Salvadorian citizen's application for asylum and related relief is granted where the BIA erred by failing to address petitioner's claim that he was denied his right to counsel at proceedings before an immigration judge (IJ).

Appellate Information

  • Argued 04/20/2007
  • Decided 05/17/2007
  • Published 05/17/2007

Judges

  • THOMAS, Circuit Judge., Before ALFRED T. GOODWIN, SIDNEY R. THOMAS, and CARLOS T. BEA, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Robert B. Jobe and Aruna Sury, Law Office of Robert B. Jobe, San Francisco, CA, for the petitioner.

  • For Appellees:
  • Peter D. Keisler, Mark C. Walters, and Jennifer L. Lightbody, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.
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