Legal Opinion

Jona Kipkorir Biwot v. Alberto Gonzales, Attorney General

Court of Appeals for the Ninth Circuit

Decided April 14, 2005No. 03-71456PublishedCited by 88 opinions

1Opinion of the Court

McKEOWN, Circuit Judge.

Joña Kipkorir Biwot (“Biwot”) petitions for review of a Board of Immigration Appeals (“BIA”) order dismissing his appeal from an order of removal. The issue we address is whether Biwot was denied his right to counsel when the Immigration Judge (“IJ”) allowed Biwot, who was incarcerated and diligently seeking representation, only five working days to obtain counsel. We conclude that Biwot was denied his statutory right to counsel and, accordingly, we grant the petition in part and remand to the BIA with instructions to remand to the IJ.

Background

Biwot, a citizen of…

2Cases cited15 opinions

  1. Baltazar Hernandez Barron Margarita Hernandez Ramirez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  2. Ungar v. SarafiteSupreme Court of the United States · 1964
  3. Bridges v. WixonSupreme Court of the United States · 1945
  4. United States v. Jose Alfredo Pallares-GalanCourt of Appeals for the Ninth Circuit · 2004
  5. Leonardo CAMPOS-SANCHEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, RespondentCourt of Appeals for the Ninth Circuit · 1999

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3Cited by88 opinions

  1. Avagyan v. HolderCourt of Appeals for the Ninth Circuit · 2011
  2. J.E. F.M. Ex Rel. Ekblad v. LynchCourt of Appeals for the Ninth Circuit · 2016
  3. Nehad v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
  4. United States v. Isaac RamosCourt of Appeals for the Ninth Circuit · 2010
  5. United States v. Reyes-BonillaCourt of Appeals for the Ninth Circuit · 2012

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