United States Ninth Circuit

Philippines citizen's petition for review of an order dismissing his appeal from an IJ's removal order is denied in part to the extent it claimed that his Notice to Appear (NTA) was defective and deprived the Immigration Court of jurisdiction to begin his removal proceedings. However, the petition is granted in part and remanded for further proceedings where the decision under review contained an erroneous description of how his NTA was amended in the Immigration Court.

Appellate Information

• Argued 02/14/2008
• Decided 06/04/2008
• Published 06/05/2008

Judges

• LARSON, District Judge:, Before:  WILLIAM C. CANBY, JR. and MILAN D. SMITH, JR., Circuit Judges, and STEPHEN G. LARSON, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James Todd Bennett, El Cerrito, CA, for the petitioner.


• For Appellees:
  
• Jeffrey J. Bernstein (argued) and Melissa Neiman-Kelting (on the brief), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, for the respondent.