Legal Opinion

George Garcia v. Loretta E. Lynch

Court of Appeals for the Ninth Circuit

Decided May 20, 2015No. 11-73406PublishedCited by 20 opinions

1Opinion of the Court

Concurrence by Judge BERZON.

OPINION

2Per curiam

An Immigration Judge (“IJ”) incorrectly advised George Camacho Garcia that his prior conviction was for an aggravated felony, and that he was therefore ineligible for relief from removal. Hearing that advice, Garcia waived his appeal to the Board of Immigration Appeals (“BIA”). But the advice was wrong. As a result, Garcia’s waiver of his right to appeal to the BIA was not considered and intelligent, and the BIA should have granted Garcia’s motion for reconsideration.

I

Garcia, a native and citizen of the Philippines, became a lawful permanent resident in 2004…

3Cases cited28 opinions

  1. Baltazar Hernandez Barron Margarita Hernandez Ramirez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  2. Ranjit Singh v. Immigration and Naturalization ServicesCourt of Appeals for the Ninth Circuit · 2002
  3. United States v. Jose Alfredo Pallares-GalanCourt of Appeals for the Ninth Circuit · 2004
  4. Ren v. HolderCourt of Appeals for the Ninth Circuit · 2011
  5. Carlos Rendon v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2014

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4Cited by20 opinions

  1. Serah Karingithi v. Matthew WhitakerCourt of Appeals for the Ninth Circuit · 2019
  2. Narinder Singh v. Matthew WhitakerCourt of Appeals for the Ninth Circuit · 2019
  3. Roberto Lopez Valencia v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2015
  4. United States v. Edwin FloresCourt of Appeals for the Ninth Circuit · 2018
  5. United States v. Juan CortezCourt of Appeals for the Fourth Circuit · 2019

15 more not listed; retrieve them via the Exa API.

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