From Casetext: Smarter Legal Research

Monjaraz-Munoz v. I.N.S.

United States Court of Appeals, Ninth Circuit
Apr 28, 2003
339 F.3d 1012 (9th Cir. 2003)

Summary

explaining that an agency's findings are upheld "unless the evidence presented would compel a reasonable finder of fact to reach a contrary result"

Summary of this case from Bazaldua-Hernandez v. Cissna

Opinion

No. 02-70227.

Argued and Submitted February 7, 2003.

Filed April 28, 2003. Amended August 8, 2003.

Karla L. Kraus, Law Offices of Karla L. Kraus, San Diego, CA, for the petitioner.

Jennifer A. Parker and Cindy S. Ferrier, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for the respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. INS No. A70-175-552.

Before HALL, THOMPSON and BERZON, Circuit Judges.


ORDER

The opinion filed on April 28, 2003, and found at 327 F.3d 892, is hereby amended. The last paragraph, on page 398, is deleted and replaced with the following text:

The petition for review is GRANTED. We REMAND for further proceedings consistent with this opinion.

With this amendment, Respondent's petition for rehearing is DENIED.


Summaries of

Monjaraz-Munoz v. I.N.S.

United States Court of Appeals, Ninth Circuit
Apr 28, 2003
339 F.3d 1012 (9th Cir. 2003)

explaining that an agency's findings are upheld "unless the evidence presented would compel a reasonable finder of fact to reach a contrary result"

Summary of this case from Bazaldua-Hernandez v. Cissna
Case details for

Monjaraz-Munoz v. I.N.S.

Case Details

Full title:Juan MONJARAZ-MUNOZ, Petitioner, v. IMMIGRATION AND NATURALIZATION…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 28, 2003

Citations

339 F.3d 1012 (9th Cir. 2003)

Citing Cases

Rosales v. Barr

A showing of prejudice is not required when ineffective assistance leads to an in absentia order of removal.…

Fong Yang Lo v. Ashcroft

The petitioners established that their counsel's ineffective assistance was an exceptional circumstance…