Ram

I. BACKGROUND

In the original Notice To Appear (“NTA”), the Department of Homeland Security (“DHS”) charged Ram with being deportable under 8 U.S.C. § 1227(a)(2)(B)(i) for having been convicted of a controlled substance violation.

At his first hearing on July 12, 2004, Ram was informed by a pre-recorded statement of his rights, including the right to be represented by an attorney during the removal proceedings as well as the right to deny the charges against him. The IJ then granted Ram’s request for a continuance in order for him to meet with an attorney.

Ram’s second hearing was held August 12, 2004. It began:

Q. Your hearing was set over until today in order for you to obtain the services of an attorney. Have you done that?

A. No. No. RAM v. MUKASEY 7573 Q. Okay. Well, how do you — are you ready to proceed with your case and enter pleadings?

A. Yes.

The IJ then informed Ram that the DHS had filed an addi- tional charge of removability under 8 U.S.C. § 1227(a)(2)(A)(iii) on the ground that he had been convicted of the aggravated felony of trafficking in a controlled sub- stance. The IJ told Ram:

[This new charge is] an aggravated felony.…