United States Ninth Circuit

An El Salvadorian citizen's petition for review of or an order of removal is granted where the petitioner's right to be presented in the proceedings by retained counsel, established under 8 U.S.C. section 1362, was violated when his attorney failed to appear at a scheduled merits hearing before an Immigration Judge because his license to practice law had been temporarily suspended. Further, a petitioner so denied his right to counsel in an immigration proceeding is not required to demonstrate actual prejudice in order to obtain relief.

Appellate Information

• Decided 09/18/2012
• Published 09/18/2012

Judges

• Collins

Court

• United States Ninth Circuit

Counsel