· 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 CourtListenerSourced 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.