Ninth Circuit Spanks IJ in Immigration Case

The U.S. Circuit Court of Appeals for the Ninth Circuit issued an opinion on December 6 accusing an immigration judge of “badgering” an immigrant and said that the judge had, in effect, forced the immigrant to proceed without a lawyer. The three-judge panel, in an opinion by Judge Harry Pregerson (no stranger to this blog), ruled unanimously that the noncitizen, who contends that deportation would lead to “exceptional and extremely unusual hardship” for his three U.S.-born sons, should have a second chance at fighting deportation. The panel also criticized the immigrant’s former counsel and referred to the immigrant as the victim of notarios, unlicensed legal aides who “prey on uneducated immigrants.”

Follow the link above to find the case — 12/06/07 05-70163 A MENDOZA-MAZARIEGOS V MUKASEY. The relatively lengthy (more than one hour) — and very interesting and revealing — oral argument in the case, which includes arguments from a pro bono amicus appointed by the court, can be found here.  (Thanks for the assist on this from Cappy White).  For the L.A. Times story on the case, click here.

KJ