Mendoza-Mazariegos
Mendoza-Mazariegos v. Mukasey
Opinion
Opinion
Pregerson, J.
Jorge Mario Mendoza-Mazariegos (“Mendoza”) petitions for review of the Board of Immigration Appeals (“BIA”) order denying his application for cancellation of removal under 8 U.S.C. § 1229b(b). We grant the petition for review on the ground that Mendoza was denied his statutory right to counsel, and we remand for further proceedings.
I. Factual and Procedural Background
Mendoza is a native and citizen of Guatemala. He entered the United States without inspection in February 1985, and has since resided in the United States. Mendoza and his wife Beatriz now have three children, ages four, seven, and eleven, who are United States citizens. The family resides in Palmdale, California, where Mendoza works for a church.
On July 20, 1998, the government placed Mendoza in removal proceedings, charging him with being an alien present in the United States without inspection in violation of 8 U.S.C. § 1182 (a)(6)(A)(i). The Immigration and Naturalization Service (“INS”) detained Mendoza at a detention center in Florence, Arizona. Mendoza first appeared before Immigration Judge (“IJ”) Scott Jeffries in Arizona on August 7, 1998. Mendoza appeared pro se, declined to be represented by counsel,…