Garcia de Castillo v. Ashcroft
Opinion of the Court
MEMORANDUM
Maria Rosa Garcia de Castillo, a native and citizen of Mexico, on behalf of herself and her two United States citizen minor children, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of her motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo a claim of a due process violation, Hartooni v. INS, 21 F.3d 336, 339 (9th Cir. 1994), and we grant the petition for review.
Petitioner contends that she was denied due process when the BIA affirmed the IJ’s reissued decision without first providing Garcia de Castillo the opportunity to respond to it. Petitioner’s contention has merit.
“The essence of due process is the requirement that a person in jeopardy of
Accordingly, we vacate and remand to the BIA to set a briefing schedule to file a brief with the BIA regarding the IJ’s reissued decision.
PETITION FOR REVIEW GRANTED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Maria Rosa GARCIA DE CASTILLO v. John ASHCROFT, Attorney General
- Status
- Published