Escobar-Grijalva v. Immigration & Naturalization Service

Ninth Circuit

Escobar-Grijalva v. Immigration & Naturalization Service

213 F.3d 1221, 2000 U.S. App. LEXIS 17714

Court of Appeals for the Ninth Circuit·Decided June 20, 2000·No. No. 98-71469·Published·Cited by 4 cases

Opinion

ORDER

The opinion filed on March 24, 2000 is amended as follows:

Slip opinion, p. 3469, sec. [4]. After ¶ 1 [206 F.3d at 1335, following the fifth paragraph], add:

The INS contends that Escobar did not raise the denial of her statutory right to counsel in a timely fashion. But her claim of counsel so ineffective in assisting her that it deprived the administrative proceeding of due process encompassed the denial of the statutory right; the latter denial was the foundation of what followed. We decide the appeal on this narrower, statutory basis. See Rios-Berrios v. INS, 776 F.2d 859, 862 (9th Cir.1985).

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ORDER

The opinion filed on March 24, 2000 is amended as follows:

Slip opinion, p. 3469, sec. [4]. After ¶ 1 [206 F.3d at 1335, following the fifth paragraph], add:

The INS contends that Escobar did not raise the denial of her statutory right to counsel in a timely fashion. But her claim of counsel so ineffective in assisting her that it deprived the administrative proceeding of due process encompassed the denial of the statutory right; the latter denial was the foundation of what followed. We decide the appeal on this narrower, statutory basis. See Rios-Berrios v. INS, 776 F.2d 859, 862 (9th Cir.1985).

Escobar-Grijalva v. Immigration & Naturalization Service, 213 F.3d 1221, 2000 U.S. App. LEXIS 17714 (9th Cir. 2000).

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Opinion

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