Garcia-Guzman
Garcia-Guzman v. Reno
Opinion
Opinion
Henderson, J.
ORDER GRANTING WRIT OF HABEAS CORPUS
I. Factual And Procedural Background
Mr. Garcia-Guzman is a sixty-four year old citizen and national of Mexico who moved to the United States as a lawful permanent resident in 1967. On July 12, 1995, petitioner was convicted of assault with a deadly weapon in violation of California Penal Code § 245(a)(1). On March 20, 1997, he was convicted and sentenced to two years, eight months, for driving under the influence of alcohol in violation of California Vehicle Code § 23152(a) and inflicting corporal injury on a spouse or cohabitant in violation of California Penal Code § 273.5(a). While serving out his prison sentences petitioner had surgery for throat cancer. His larynx was removed and he has since been unable to speak. Petitioner also suffers from arthritis, kidney problems and requires medication.
Presumably in anticipation of removal proceedings, petitioner retained current counsel, Mr. Lamar Peckham, who filed a Form G-28 notice of entry of appearance of counsel with the Immigration and Naturalization Service (“INS”) in San Francisco on December 9, 1997. In a letter submitted with the Form G-28, counsel noted petitioner’s health problems…