ZMIJEWSKA v. GONZALES

Docket Nos. 03-4998, 03-40791.

426 F.3d 99 (2005)

Bozena ZMIJEWSKA, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: October 6, 2005.


Attorney(s) appearing for the Case

Ruchi Thaker, (Matthew L. Guadagno, Kerry W. Bretz, Jules E. Coven, of counsel) Bretz & Coven, LLP, New York, NY, for Petitioner.

Lashonda A. Hunt, Assistant United States Attorney (James P. Fleissner, Carole J. Ryczek, Assistant United States Attorneys, of counsel; Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, on the brief), United States Attorney's Office for the Northern District of Illinois, Chicago, IL, for Respondent.

Before: MESKILL and CABRANES, Circuit Judges, and MUKASEY, District Judge.


JOSÉ A. CABRANES, Circuit Judge.

We consider here whether, in light of 8 U.S.C. § 1229c, a petitioner's failure to comply with a voluntary departure order renders her statutorily ineligible to receive an adjustment of status, or whether petitioner may instead seek equitable relief under certain extraordinary circumstances, such as a showing of ineffective assistance of counsel.

In the circumstances presented, we remand the cause to the Board of Immigration...

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