Nos. 17-70538, 19-70198.

996 F.3d 1030 (2021)

Patricia Marisol HERNANDEZ-GALAND, aka Celena Hernandez-Gomez; M. E. H.-H., aka M. M. H.-H., Petitioners, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 12, 2021.

Attorney(s) appearing for the Case

Stephen B. Kang (argued), ACLU Foundation Immigrants' Rights Project, San Francisco, California; Ahilan T. Arulanantham , ACLU Foundation of Southern California, Los Angeles, California; Matt Adams , Northwest Immigrant Rights Project, Seattle, Washington; Talia Inlender and Kristen Jackson , Public Counsel Law Center, Los Angeles, California; Kristin Macleod-Ball , American Immigration Council, Brookline, Massachusetts; Karolina J. Walters , American Immigration Council, Washington, D.C.; for Petitioners.

Linda Y. Cheng (argued), Trial Attorney; Anthony P. Nicastro , Assistant Director; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Before: Kim McLane Wardlaw and Marsha S. Berzon, Circuit Judges, and Edward M. Chen, District Judge.


This case concerns in absentia removal orders entered against a mother and her minor child as a consequence of the mother's failure to appear in immigration court. We hold that there are exceptional circumstances in this case that warrant reopening. Therefore...

Let's get started


Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases