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· 4/22/2004

Higinia Martinez-De Bojorquez v. John Ashcroft, Attorney General

Citations

  • 365 F.3d 800
  • 2004 U.S. App. LEXIS 7937
  • 2004 WL 856658

How courts have described this case

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

  • holding that “the private liberty interests 27 involved in deportation proceedings are among the most substantial” and that a noncitizen's loss of Singh, 2025 WL 1918679, at
  • taking as settled law that due process violations occur “when the BIA fail[s] to inform aliens appealing adverse decisions ... about certain requirements they must meet when filing their appeal”
  • taking as settled law that due process violations occur “when the BIA fail[s] to inform aliens appealing adverse decisions . . . about certain requirements they must meet when filing their appeal”
  • application of 8 C.F.R. § 1003.4 “without any notice whatsoever” can violate due process in some circumstances
  • failure to notify petitioner that leaving the country would lead to forfeiture of her appeal to the BIA is a violation of due process
  • four-and-a-half year delay, combined with failure to warn alien of the consequences of brief departures, violated due process

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Pregerson, Brunetti

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.