Guzman-Aranda
Guzman-Aranda v. Holder
Opinion
Opinion
MEMORANDUM
Bernardo Guzman-Aranda, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo whether the statutory right to counsel was violated. Mendoza-Mazariegos v. Mukasey, 509 F.3d 1074 ,-1079 (9th Cir.2007). We grant the petition for review and remand for further proceedings.
Guzman-Aranda was denied his statutory right to counsel because the IJ failed to secure his knowing and voluntary waiver of the right, see Hernandez-Gil v. Gonzales, 476 F.3d 803, 806 (9th Cir.2007), and did not “inquire whether there [was] good cause to grant [Guzman-Aranda] more time to obtain counsel,” Biwot v. Gonzales, 403 F.3d 1094, 1100 (9th Cir.2005). Moreover, the absence of counsel at GuzmanAranda’s hearing resulted in prejudice. See Tawadrus v. Ashcroft, 364 F.3d 1099, 1106 (9th Cir.2004) (alien demonstrated prejudice where an attorney could have assisted him in his testimony and could have made legal objections to the admission of certain evidence).