Guzman-Aranda v. Holder
Guzman-Aranda v. Holder
Opinion
MEMORANDUM **
Bernardo Guzman-Aranda, a native and citizen of Mexico, petitions for review of *841 the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo whether the statutory right to counsel was violated. Mendoza-Mazariegos v. Mukasey, 509 F.3d 1074,-1079 (9th Cir. 2007). We grant the petition for review and remand for further proceedings.
Guzman-Aranda was denied his statutory right to counsel because the IJ failed to secure his knowing and voluntary waiver of the right, see Hernandez-Gil v. Gonzales, 476 F.3d 803, 806 (9th Cir. 2007), and did not “inquire whether there [was] good cause to grant [Guzman-Aranda] more time to obtain counsel,” Biwot v. Gonzales, 403 F.3d 1094, 1100 (9th Cir. 2005). Moreover, the absence of counsel at GuzmanAranda’s hearing resulted in prejudice. See Tawadrus v. Ashcroft, 364 F.3d 1099, 1106 (9th Cir. 2004) (alien demonstrated prejudice where an attorney could have assisted him in his testimony and could have made legal objections to the admission of certain evidence).
PETITION FOR REVIEW GRANTED; REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.