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· 2/16/2007

Edgar Hernandez-Gil v. Alberto R. Gonzales, Attorney General

Citations

  • 476 F.3d 803
  • 2007 U.S. App. LEXIS 3471
  • 2007 WL 489468

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “the statutory right to counsel exists so that an alien has a competent advocate acting on his or her behalf at removal proceedings”
  • holding denial of a continuance violated a petitioner’s statutory right to counsel when an IJ “conduct[ed] the merits hearing without taking reasonable steps to permit counsel to participate”
  • holding denial of a continuance violated a petitioner’s statutory right to counsel when an IJ “conduct[ed] the merits hearing without taking reasonable steps to permit counsel to participate”
  • finding prejudice because “[a] trained immigration lawyer ... is more familiar ... with the standards and factors an IJ examines” and could have presented evidence more effectively
  • discussing the statutory right to counsel under 8 U.S.C. §§ 1229a(b)(4)(A) and 1362
  • “The high stakes of a removal proceeding and the maze of immigration rules and regulations make evident the necessity of the right to counsel.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Pregerson, Gould, Clifton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.