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MENDOZA-MAZARIEGOS v. MUKASEY

No. 05-70163.

509 F.3d 1074 (2007)

Jorge Mario MENDOZA-MAZARIEGOS, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 2007.

Attorney(s) appearing for the Case

Mario Acosta Jr., and Elsa Martinez, Martinez Goldsby & Associates, Los Angeles, CA, for the petitioner.

Philip Lewis, Matthew Kline, Randall Whattoff, and Victor Jih, O'Melveny & Myers, Los Angeles, CA, pro bono amicus curiae counsel for the petitioner.

Carol Federighi, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: HARRY PREGERSON, RONALD M. GOULD, and RICHARD R. CLIFTON, Circuit Judges.

PREGERSON, Circuit Judge:

Jorge Mario Mendoza-Mazariegos ("Mendoza") petitions for review of the Board of Immigration Appeals ("BIA") order denying his application for cancellation of removal under 8 U.S.C. § 1229b(b). We grant the petition for review on the ground that Mendoza was denied his statutory right to counsel, and we remand for further proceedings.

I. Factual and Procedural Background

Mendoza is a native and citizen of Guatemala...

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