Immigration client obtains due process
Clients Hernandez, Erick Federico
Jones Day represented a native El Salvadoran whose pro se appeal from an order of removal was never considered because it arrived one day late with the Board of Immigration Appeals. In an appeal to the Ninth Circuit Court of Appeals, Jones Day argued that the Board had the discretion to accept the untimely appeal since the delay was caused by the federal detention center holding the client. It also argued that the Board erred in failing to properly construe and consider the client's motion for reconsideration. The Ninth Circuit unanimously agreed with both arguments and remanded the case to the Board, which agreed to consider the merits of the client's appeal.
Hernandez v. Holder, 390 Fed. Appx. 760 (9th Cir. 2010)