Legal Opinion
Juan Monjaraz-Munoz v. Immigration and Naturalization Service
Court of Appeals for the Ninth Circuit
Decided April 28, 2003No. 02-70227PublishedCited by 136 opinions
1Opinion of the Court
CYNTHIA HOLCOMB HALL, Circuit Judge.
In this petition for review from a decision of the Board of Immigration Appeals (BIA), we deal with the extent to which ineffective assistance of counsel may constitute “exceptional circumstances ... beyond the control of the alien,” 8 U.S.C. § 1229a(e)(l), requiring rescission of an in absentia deportation order and the reopening of immigration proceedings. Juan Monjaraz-Munoz (“Monjaraz”) was ordered deported in absentia after he did not appear at his deportation hearing. He filed a motion to reopen the proceedings before the BIA. Monjaraz claims that he…
2Cases cited12 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
- Shobna Chandar Lata v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- LOZADABoard of Immigration Appeals · 1988
7 more not listed; retrieve them via the Exa API.
3Cited by136 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
- Lara-Torres v. AshcroftCourt of Appeals for the Ninth Circuit · 2004
- Jiamu Wang v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2003
- Jorge Ibarra-Flores v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
- Husyev v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
131 more not listed; retrieve them via the Exa API.