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Bacilio-Gutierrez v. Ashcroft
Citation: 121 F. App'x 696Docket: Nos. 03-72651
Court: Court of Appeals for the Ninth Circuit; January 25, 2005; Federal Appellate Court
Angel Bacilio-Gutierrez, Luz Maria Medrano, and her minor son, Oscar Demian MartinezMedrano, all citizens of Mexico, petition for review of a Board of Immigration Appeals order that denied their applications for cancellation of removal under 8 U.S.C. § 1229b(b)(1). They argue a violation of due process due to the Immigration Judge's failure to require them to explicitly state their desire for legal representation, as mandated by 8 C.F.R. § 1240.10(a)(1). The review grants the petition, reversing the Board's order. It finds that the Immigration Judge did not fulfill the explicit requirement for representation, despite demonstrating care for the petitioners' rights in earlier proceedings. The court concludes that prejudice occurred since, with legal counsel, the petitioners could potentially establish eligibility for cancellation of removal. Consequently, the case is remanded for further proceedings in accordance with this decision. The disposition is not to be published or cited per Ninth Circuit Rule 36-3.