George Garcia v. Loretta E. Lynch
Court of Appeals for the Ninth Circuit
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
- Baltazar Hernandez Barron Margarita Hernandez Ramirez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Ranjit Singh v. Immigration and Naturalization ServicesCourt of Appeals for the Ninth Circuit · 2002
- United States v. Jose Alfredo Pallares-GalanCourt of Appeals for the Ninth Circuit · 2004
- Ren v. HolderCourt of Appeals for the Ninth Circuit · 2011
- Carlos Rendon v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2014
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4Cited by20 opinions
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- United States v. Edwin FloresCourt of Appeals for the Ninth Circuit · 2018
- United States v. Juan CortezCourt of Appeals for the Fourth Circuit · 2019
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