United States Ninth Circuit

In an immigration appeal, petition to review refusal to reopen removal proceedings is denied where: 1) denial of petitioner's I-140 petition does not render petition to reopen removal proceedings moot; but 2) even if there was ineffective assistance of counsel, there is no "exceptional circumstances" exception to the rule that under 8 U.S.C. section 1229c(d)(1) petitioner cannot move to reopen his removal proceedings after overstaying his voluntary departure period.

Appellate Information

• Argued 02/17/2006
• Decided 10/07/2008
• Published 10/07/2008

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.