Legal Opinion
Hernandez-Alvarado v. Gonzales
Court of Appeals for the Ninth Circuit
Decided March 14, 2006No. 02-72639Published
1Opinion of the Court
MEMORANDUM **
Gabriel Hernandez-Alvarado, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) order denying his untimely application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo. Martinez-Garcia v. Ashcroft, 866 F.3d 732, 733 (9th Cir.2004). We grant the petition for review and remand for further proceedings.
Hernandez-Alvarado’s application for cancellation of removal was properly deemed abandoned because he did not file an application prior…
2Cases cited3 opinions
- Immigration & Naturalization Service v. VenturaSupreme Court of the United States · 2002
- United States v. Willie YatesCourt of Appeals for the Sixth Circuit · 2017
- Celestino Silva-Calderon v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004