Legal Opinion

Garcia-Cortez v. Ashcroft

Court of Appeals for the Ninth Circuit

Decided April 27, 2004No. Nos. 02-70866, 02-72720PublishedCited by 29 opinions

1Opinion of the Court

CYNTHIA HOLCOMB HALL, Circuit Judge:

The petitioners, José Garcia-Cortez and Alicia Chavarin-Carrillo, challenge the Board of Immigration Appeals’ (BIA) summary dismissal of their appeal of a final order of removal for failure to timely file their brief, along with the BIA’s denial of their subsequent motion for reconsideration. Garcia and Chavarin contend that their Notice of Appeal (Form EOIR-26) provided the BIA with adequate notice of the specific grounds for their appeal and that, consequently, the BIA improperly dismissed their appeal summarily for failure to timely file a brief.

We…

2Cases cited7 opinions

  1. Stone v. Immigration & Naturalization ServiceSupreme Court of the United States · 1995
  2. Marcelino Toquero v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1992
  3. Oscar Padilla-Agustin v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1994
  4. Hardeep Singh v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  5. Maria Lucila Martinez-Zelaya v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1988

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

3Cited by29 opinions

  1. Zetino v. HolderCourt of Appeals for the Ninth Circuit · 2010
  2. Toufighi v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
  3. Harbi Mohamad Ismat Hassan v. Alberto Gonzales, Attorney GeneralCourt of Appeals for the Sixth Circuit · 2005
  4. Sergey Yeghiazaryan v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
  5. Ilian Esponda v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2006

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

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