· 10/21/2004
Julio Baltazar-Alcazar Maria Guadalupe Baltazar v. Immigration and Naturalization Service
Citations
- 386 F.3d 940
- 2004 U.S. App. LEXIS 21858
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- emphasizing the complexity of immigration laws and noting that lawyers may be the only ones capable of navigating through it
- emphasizing the complexity of immigration laws and noting that lawyers may be the only ones capable of navigating through it
- noting that “[t]he Ninth Circuit has yet to decide whether prejudice is required when a petitioner has demonstrated denial of the right to counsel in deportation proceedings” but reserving the question because the petitioners “were in fact prejudiced by the denial of their right to counsel”
- stating there was “little doubt that the Baltazars, with their limited command of English and even less experience with the American legal sys- tem, would have benefitted from counsel”
- predicating waiver of statutory right to counsel on summary disqualification of 4 An alien may, of course, choose to appear pro se, so long as the deci- sion not to retain counsel is knowing and voluntary. See Tawadrus v. Ash- croft, 364 F.3d 1099, 1103 (9th Cir. 2004
Source: CourtListener parenthetical corpus (CC0).
Judges: McKeown, Bybee, Breyer
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.