· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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