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MONJARAZ-MUNOZ v. I.N.S.

No. 02-70227.

327 F.3d 892 (2003)

Juan MONJARAZ-MUNOZ, Petitioner. v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 28, 2003.

Attorney(s) appearing for the Case

Karla L. Kraus, Law Offices of Karla L. Kraus, San Diego, CA, for the petitioner.

Jennifer A. Parker and Cindy S. Ferrier, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for the respondent.

Before: HALL, THOMPSON, and BERZON, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge.

In this petition for review from a decision of the Board of Immigration Appeals (BIA), we deal with the extent to which ineffective assistance of counsel may constitute "exceptional circumstances ... beyond the control of the alien," 8 U.S.C. § 1229a(e)(1), requiring rescission of an in absentia deportation order and the reopening of immigration proceedings. Juan Monjaraz-Munoz ("Monjaraz") was ordered deported in...

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