Eriberto Reyes-Palacios v. United States Immigration and Naturalization Service

ORDER

The memorandum disposition filed November 16, 1987, is redesignated as a per curiam opinion.

Reyes-Palacios petitions for review of the Board of Immigration Appeals’ (BIA) order denying his application for asylum and withholding of deportation under 8 U.S.C. §§ 1158 (a) and 1253(h). We grant the petition for review, vacate the BIA’s order, and remand for further proceedings.

Mr. Reyes-Palacios is a native and citizen of El Salvador. He entered the United States without inspection on April 22,1985. He was arrested by the Immigration and Naturalization Service (INS) the same day and subsequently charged with entering the country without inspection in violation of 8 U.S.C. § 1251 (a)(2).

Mr. Reyes-Palacios first appeared before an Immigration Judge (IJ) on May 1, 1985. He requested counsel and was granted a continuance to obtain one. He was brought before an IJ on at least one other occasion and also granted a continuance. On May 24, 1985, the petitioner again appeared before an IJ and explained that he had obtained counsel but his counsel was not present. The IJ insisted he proceed without counsel. He was found deportable and afforded an opportunity to apply for…