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MONTEJO-GONZALEZ v. GARLAND

No. 21-304.

119 F.4th 651 (2024)

Claudia Elena MONTEJO-GONZALEZ; Dany Juan Francisco Montejo; Maria Natalia Francisco Montejo, Petitioners, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 17, 2024.

Attorney(s) appearing for the Case

Tina N. Malek (argued), Malek Law Group APC, San Diego, California, for Petitioner.

Anthony Nardi (argued) and Rosanne M. Perry, Trial Attorneys; Jessica E. Burns, Senior Litigation Counsel; Brian M. Boynton, Principal Deputy Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Dissent by Judge Collins

OPINION

On their way to an initial hearing before an immigration judge ("IJ") in Seattle, Washington, Claudia Elena Montejo-Gonzalez and her two minor children ("petitioners") encountered two major car accidents and were late for the hearing. The IJ ordered them removed in absentia. Petitioners promptly moved to reopen...

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