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United States Ninth Circuit


Hernandez v. Mukasey, 04-72696

Knowing reliance upon the advice of a non-attorney cannot support a claim for ineffective assistance of counsel in a removal proceeding. Petition for review of a BIA decision denying Mexican natives' motion to reopen their deportation proceedings on the ground of ineffective assistance of counsel is affirmed over a claim that their deportation proceedings warrant reopening because their due process rights were violated by the deficient assistance of an immigration consultant.

Appellate Information

  • Decided 04/30/2008
  • Published 04/30/2008

Judges

  • CALLAHAN, Circuit Judge:, Before:  STEPHEN S. TROTT, RICHARD R. CLIFTON, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Meredith R. Brown of Glendale, CA, for the petitioner.

  • For Appellees:
  • Peter D. Keisler, Assistant Attorney General, Richard M. Evens, and Paul Fiorino, of Washington, DC, for the respondent.
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