United States Ninth Circuit

Petition for review of an order denying petitioner's motion to reopen removal proceedings on the basis of ineffective assistance of his counsel is granted where: 1) petitioner's counsel, by announcing that he would withdraw if petitioner did not accept an offer of voluntary departure, impinged on petitioner's authority to decide whether, and on what terms, to concede his case; 2) counsel violated his duty to insure that withdrawal would be conducted in a manner that would not prejudice his client; and 3) the deficient performance and the prejudice resulting from it added up to a violation of his right to due process.

Appellate Information

• Argued 05/08/2008
• Decided 07/31/2008
• Published 07/31/2008

Judges

• POLLAK, District Judge:, Before:  W. FLETCHER and RONALD M. GOULD, Circuit Judges, and LOUIS H. POLLAK, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Christy A. Chouteau, Aguirre Law Group, San Diego, CA, for the petitioner.


• For Appellees:
  
• Jacob A. Bashyrov, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for the respondent.