Not a Lexis Advance subscriber? Try it out for free.
LexisNexis® CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. Individual courses and subscriptions available.
Diaz Martinez v. Barr
"We determine that we have jurisdiction over the petition for review of the first MTR, as the petition ripened prior to consideration on the merits here. Pursuant to 8 U.S.C. § 1229a(b)(5)(C)(ii), we conclude that Diaz Martinez lacked notice of the amended charges, and therefore the removal order was unsupported by substantial evidence and the BIA abused its discretion in failing to reopen her proceedings. Accordingly, we grant the petition for review."
[Hats off to Kathryn Marie Davis (argued), Supervising Attorney; Marcel Budiono (argued) and Octavio Velarde (argued), Certified Law Students; U.C. Irvine School of Law, Pasadena, California; Peter R. Afrasiabi, One LLP, Newport Beach, California; for Petitioner.]