Legal Opinion · Dissent

Maria Socorro Delgado-Corea and Aminta Espino-Delgado v. Immigration and Naturalization Service

Court of Appeals for the Fourth Circuit

Decided October 20, 1986No. 85-1582Published

1DissentButzner, Senior Circuit Judge

The decisive fact in this appeal is that Mrs. Delgado and her 15-year-old daughter were not given information about free legal assistance available to them in Los Angeles, the site of their deportation hearing, as required by law. 8 C.F.R. § 242.1(c). The government’s attorney mistakenly told the immigration judge, in answer to his inquiry, that the Delgados had been furnished the list of attorneys .required by the regulations. Having received this misim formation, the judge proceeded with the hearing. It is unlikely that he would have done so if he had been correctly advised, for surely he…

2Cases cited4 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Djordje Kovac v. Immigration and Naturalization Service, John P. Boyd, District Director, Seattle, WashingtonCourt of Appeals for the Ninth Circuit · 1969
  3. Emiliana Partible v. Immigration & Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1979
  4. Loi Leung v. Immigration and Naturalization ServiceCourt of Appeals for the Third Circuit · 1976

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