Aguilar
Aguilar v. Yarra CA5
Opinion
Opinion
FACTS
Client hired attorney Robert W. Yarra and his professional corporation (collectively, defendants) in April 2004 to represent him in immigration matters. Client’s goal was to remain in the United States legally. Client retained defendants because his application for cancellation of removal had been denied by an immigration judge in March 2004. The immigration judge determined Client had remained in the United States for the required length of time, was a man of good moral character, and his children were citizens of the United States. (See fn. 3, post.) The immigration judge denied the application because Client had not shown his children would suffer extremely unusual hardship if he were removed to Mexico. Defendants challenged the denial of Client’s application for cancellation by filing an appeal with the Board of Immigration Appeals. The appeal was denied. Defendants then moved to reopen the removal proceedings and to remand the matter for new evidence regarding the reasons why Client’s young daughter was suffering from anxiety and psychological problems. The daughter had recently revealed to her parents she had been sexually molested by her uncle and, subsequently, the…