Mario Montes-Lopez v. Alberto R. Gonzales, Attorney General

In this appeal we consider whether the Board of Immigration Appeals (“BIA”) erred by failing to address petitioner’s claim that he was denied his right to counsel at proceedings before the immigration judge (“IJ”). We conclude that the BIA so erred and remand for consideration of petitioner’s claim.

I

Mario Montes-Lopez, also known as Mario Morales-Abrego, is a native and citizen of El Salvador who entered the United States without inspection in 2002. When he crossed the border, he was seventeen years old. Soon after Montes-Lo-pez entered the United States, the Department of Homeland Security instituted removal proceedings against Montes-Lo-pez. He conceded removability and applied for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

Between December 10, 2002, Montes-Lopez’s first immigration hearing at which he appeared pro se, and May 12, 2004, his merits hearing which was also held pro se, he experienced a series of difficulties in obtaining representation. His first attorney withdrew, stating that Montes-Lopez had decided to represent himself. He then retained the services of a pro bono attorney, to be later replaced by attorney…