Legal Opinion
Jie Lin v. John Ashcroft, Attorney General
Court of Appeals for the Ninth Circuit
Decided August 4, 2004No. 02-70662PublishedCited by 148 opinions
1Opinion of the Court
ORDER
The panel, with the following amendments, has voted to deny the petition for panel rehearing. The opinion published at 356 F.3d 1027 (9th Cir.2004) is amended as follows:
1. Op. at 1035, lines 5-12 of Section III.A.2: Delete
We have held that such a due process challenge requires two showings. First, the petitioner must allege facts to allow the court “to infer that competent counsel would have acted otherwise.” Mohsseni Behbahani v. INS, 796 F.2d 249, 251 (9th Cir.1986). Second, “[d]ue process challenges to deportation proceedings require a showing of prejudice to succeed.”…
2Cases cited40 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Wiggins v. Smith, WardenSupreme Court of the United States · 2003
- Shobna Chandar Lata v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- LOZADABoard of Immigration Appeals · 1988
- Farid Faham Gamal Ghaly v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1995
35 more not listed; retrieve them via the Exa API.
3Cited by148 opinions
- Khadija Mohammed v. Alberto R. Gonzales, Attorney General, Khadija Ahmed Mohamed v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- Soriba Fadiga v. Attorney General USACourt of Appeals for the Third Circuit · 2007
- S-L-LBoard of Immigration Appeals · 2006
- J.E. F.M. Ex Rel. Ekblad v. LynchCourt of Appeals for the Ninth Circuit · 2016
- Santiago-Rodriguez v. HolderCourt of Appeals for the Ninth Circuit · 2011
143 more not listed; retrieve them via the Exa API.