Jesus Escobar-Grijalva v. Immigration and Naturalization Service

206 F.3d 1331
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 20, 2000
Docket98-71469
StatusPublished
Cited by60 cases

This text of 206 F.3d 1331 (Jesus Escobar-Grijalva v. Immigration and Naturalization Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jesus Escobar-Grijalva v. Immigration and Naturalization Service, 206 F.3d 1331 (9th Cir. 2000).

Opinions

Opinion by Judge NOONAN; Dissent by Judge O’SCANNLAIN.

NOONAN, Circuit Judge:

Jesus Escobar-Grijalva petitions for a review of an order of the Board of Immigration Appeals (the Board) denying her asylum and withholding of deportation. Holding that she was denied the right to [1332]*1332counsel given her by 8 U.S.C. § 1362, we grant her petition and remand for proceedings consistent with this opinion.

PROCEEDINGS

On October 24, 1996 a hearing on Esco-bar’s application for asylum and withholding of deportation was held. She alleged persecution on account of her political opinion in Guatemala. She participated in the hearing through a Spanish-speaking interpreter.

The hearing began as follows:

JUDGE FOR THE RECORD

This is a continued proceeding at Los Angeles, California on October 24, 1996, in deportation proceedings in the matter of Jesus Escobar-Grijalva, A 72 519 396. On behalf the respondent, no attorney or representative has appeared. And on behalf of the Service, general attorney Mr. Alan Youtsler. The official Spanish interpreter and court clerk is Sinyova (phonetic sp.) Lopez.

JUDGE TO MS. ESCOBAR

Q. To the respondent, Ms. Escobar, it is now five after two, over an hour — ■

A. Oh, wait, wait, Your Honor. I apologize.

Q. Oh, thank you. Over an hour past the scheduled time that your case was scheduled for a hearing. We have waited your attorney. That is, at the last hearing — well, previous hearings you have had various attorneys, Mr. Davis, Ms. McGuire, Ms. Scott, and you continue apparently to be represented by attorneys from that office. Who is your present attorney, because no one is with you.

A. It’s a new American one.
Q. A new American one? What is the name of this attorney?
A. I don’t know.

Q. Well, where is he, ma’am? I mean, you were sitting here and your attorney’s not here.

A. (Indiscernible). He told me that he was already here. But I didn’t see him.

Q. Have you even met this new attorney, yet, ma’am? This new American attorney as you described him to be?

A. Yes, I saw him.

Q. What is the name of this attorney? It looks like Jeremy Frost is his name. Is that his name?

A. (Indiscernible).

Q. A man, according to the writing in here, at least. He is still part of the same law office of McGuire and company. But, my question to you, ma’am, is where is any of your attorneys? Where are they?

A. I don’t1 know, it — can you allow me to go out and see.
Q. Well, ma’am, have you seen them today at all? Any of your attorneys?
A. Yes, I did see him.
Q. You saw Mr. Frost?
A. Yes.

Q. Or was this gentleman his assistant that you saw, ma’am? Don’t get the two confused.

A. No, it (indiscernible).

Q. Okay, and he said he would be representing you? When did you last see him? When did you last see him ma’am?

A. I just saw him before I got in here. Would you please allow me to go out one moment.

Q. We’ll have the court interpreter go out there and call his name.

(OFF THE RECORD)

(ON THE RECORD)

Back on the record. Off the record, the court interpreter would [list] the respondent’s witness.

JUDGE TO MR. FROST

Q. Counsel, I understand you’re Jeremy Frost, is that right?
A. That’s correct, Your Honor.

[1333]*1333JUDGE TO MS. ESCOBAR

Q. Now, ma’am, is this your attorney, Mr. Frost?
A. No.
Q. No?
A. It’s another one.
Q. Okay, well, counsel, have you ever met your client?
A. No, I haven’t, Your Honor. But I’m — I’m from—

[MS. ESCOBAR TO JUDGE]

A. He hasn’t seen me.

JUDGE TO THE INTERPRETER

Q. Wait, wait. Let — let her finish. What — what’s that?
A. He — it’s another gentleman.

Q. Okay, well, Mr. Frost is from the law offices of Terance McGuire. He is one — apparently one of the new attorneys.

A. Actually—

Q. This is not the person you — you met outside? The new attorney you said — the new American attorney?

A. With a black jacket.
Q. Counsel, do you have any idea who that is?
A. No, I don’t, Your Honor.
Q. Is that one of your assistants maybe? One of your clerks or something?

A. I’m — I’m not even with McGuire’s office. I’m with Jim Valanti (phonetic sp.) — Valinoti.

Q. You’re with Valinoti? Well—
A. Yeah.

Q. (indiscernible) really confusing me, because your — your notice comes in- — in McGuire’s office’s name, not Valinoti’s. And is there some reason why you submitted a notice with another law firm? I mean, I’m really confused now. If you’re with Mr. Valinoti’s office, why are you submitting a notice under Mr. Terance McGuire’s offices?

A. Your Honor, I’m a little confused too. And if I could call a recess for five minutes to just get it clarified. I — I really don’t have the answer.

Q. Have you met you client before today, counsel. I mean, right now, because she said she never saw you before until you walked in right now.

A. That’s true, Your Honor. I’ve never met her.
Q. And you’re going to be presenting her case?

A. Actually, I was hoping to have time, you know, before, but I just ran from this hearing to this hearing.

MR. YOUTSLER [COUNSEL FOR THE GOVERNMENT] TO JUDGE

Q. I don’t think he can represent her. He hasn’t ever met her before. He has no idea what her case [is] about.

Q. Yeah, counsel, I — at the minimum I’m a little concerned. First of all, whose law firm are you associated with?

A. Jim Valinoti, Your Honor.
Q. Jim Valinoti? Okay, so you’re not associated with McGuire, Scott and Company?

A. No, Your Honor. But if I get a chance to talk with Jim, maybe I could get some clarification into who is actually handling this file.

Q. No, counsel. I’m going to ask the respondent what she wants.

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Cite This Page — Counsel Stack

Bluebook (online)
206 F.3d 1331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jesus-escobar-grijalva-v-immigration-and-naturalization-service-ca9-2000.