BIA cannot ignore arguments raised by parties
In Montes-Lopez v. Gonzales, the Ninth Circuit held the Board of Immigration Appeals (BIA) erred in failed to determine whether the Petitioner’s right to counsel during proceedings before the immigration judge (IJ) had been violated. The BIA had affirmed the IJ’s decision without discussion of Petitioner’s claim. The Court remanded the matter to the BIA for determination of the claim.
In another immigration matter, Chaidez v. Gonzales, the Ninth Circuit issued an amended opinion, clarifying that the matter was remanded. Otherwise, the outcome is unchanged from the original opinion.
