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BIWOT v. GONZALES

No. 03-71456.

403 F.3d 1094 (2005)

Jona Kipkorir BIWOT, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 14, 2005.

Attorney(s) appearing for the Case

Ryan P. McBride, Heller, Ehrman, White & McAuliffe, Seattle, WA, for the petitioner.

Michele Y.F. Sarko and Virginia M. Lum, Washington, DC, for the respondent.

Before B. FLETCHER, McKEOWN, and GOULD, Circuit Judges.

McKEOWN, Circuit Judge.

Jona Kipkorir Biwot ("Biwot") petitions for review of a Board of Immigration Appeals ("BIA") order dismissing his appeal from an order of removal. The issue we address is whether Biwot was denied his right to counsel when the Immigration Judge ("IJ") allowed Biwot, who was incarcerated and diligently seeking representation, only five working days to obtain counsel. We conclude that Biwot was denied his statutory right to counsel and, accordingly...

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