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HERNANDEZ-MENDOZA v. GONZALES

No. 06-70926.

537 F.3d 976 (2007)

José Antonio HERNANDEZ-MENDOZA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 25, 2007.

Attorney(s) appearing for the Case

Karen S. Chen, Esq., Bibianne U. Fell, Esq., Baker & McKenzie Wells Fargo Plaza, San Diego, CA, for Petitioner.

José Antonio Hernandez-Mendoza, Eloy, AZ, pro se.

Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, District Director, Office of the District Chief Counsel, U.S. Department of Homeland Security, Phoenix, AZ, Lyle D. Jentzer, Esq., Virginia Lum, DOJ-U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: KLEINFELD and PAEZ, Circuit Judges, and HART, District Judge.

MEMORANDUM**

The Board of Immigration Appeals ("BIA") affirmed the entry of an order of removal against José Antonio Hernandez-Mendoza on grounds that he entered the United States without inspection. Because Hernandez-Mendoza received constitutionally ineffective assistance of counsel during his merits proceedings before the immigration judge ("IJ"), we grant his petition for review and remand to the BIA for further proceedings...

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