Mario Antonio Portillo Baires v. Immigration and Naturalization Service

This case arises on a petition for review of a deportation order. Because we find that the petitioner’s statutory and regulatory procedural rights were violated, we reverse the order and remand for further proceedings.

FACTS AND PROCEEDINGS BELOW

Petitioner Portillo Baires, a citizen of El Salvador, entered the United States without inspection on February 3, 1985, near Nogales, Arizona. He was arrested and taken to the Immigration and Naturalization Service (“INS”) detention center in Florence, Arizona. His initial deportation hearing was held on February 21 in Florence. Portillo Baires appeared before Immigration Judge William F. Nail, Jr., without counsel; he required the services of a Spanish language interpreter. In response to Judge Nail’s questions, Portillo Baires expressed the desire to find a lawyer and to apply for asylum in the United States. Accordingly Judge Nail continued the hearing. Portillo Baires’ request for asylum was submitted on February 25 and his asylum hearing was set for April 15.

On March 19, Portillo Baires was released on bond from INS custody. He traveled to San Francisco, where he had family and friends, and there retained attorney Robert Andrew…