HERNANDEZ-GALAND v. GARLAND

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.


OPINION

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...

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