Hilarion-De Apolinar v. Gonzales

MEMORANDUM **

Petitioner Margarita Hilarion-De Apolinar (“Hilarión”) is a native and citizen of Mexico who first entered the United States illegally in 1988. When Hilarión and her husband last entered the United States in September 1997, they were both arrested for entering without inspection. In October 1997, the INS initiated removal proceedings against them by serving them with notices to appear. Hilarión was scheduled to appear on July 6, 1998, and her husband was scheduled to appear the following day, July 7,1998.

To assist them with their removal cases, Hilarión and her husband retained the services of Richard Miranda, who they believed was an attorney but was actually only a notario. Miranda informed Hilarión that he would consolidate her case with her husband’s and told her that she should appear together with her husband at his removal hearing on July 7,1998.

Hilarión appeared with her husband before an immigration judge (“IJ”) on July 7, 1998. Neither Miranda nor the attorneys for whom he worked, Ronald Hettena and Daphne Pereat, appeared. The IJ informed Hilarión that she did not have Hilarion’s case. The IJ actually responsible for Hilarion’s case had ordered…