United States Ninth Circuit

In a petition for review of the BIA's order dismissing petitioner's claim of ineffective assistance of counsel and denying his applications for relief under former Immigration and Nationality Act section 212(c) and the Convention Against Torture, the petition is granted in part where the failure of the Immigration Judge and BIA to consider evidence of country conditions constituted reversible error. However, the petition is denied in part where the Attorney General did not have authority to waive the grounds for petitioner's removal.

Appellate Information

• Argued 11/04/2009
• Decided 02/04/2010
• Published 02/04/2010

Judges

• Before HARRY PREGERSON and RONALD M. GOULD, Circuit Judges, and MYRON H. BRIGHT,Senior Circuit Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jeffrey S. Renzi, Squires, Sanders & Dempsey L.L.P., Los Angeles, CA, for the petitioner., Judy Rabinovitz, American Civil Liberties Union Foundation, Immigration Rights Project, New York, NY, for the amicus.


• For Appellees:
  
• Timothy Bo Stanton and Regan Hildebrand, United States Department of Justice, Washington DC, for the respondent.