MOLALES v. APOLINAR v. MUKASEY
The Ninth Circuit Court of Appeals today released an opinion in MOLALES v. APOLINAR v. MUKASEY, No. 04-73484, an administrative appeal. The panel consisted of Harry Pregerson, Michael Daly Hawkins, and Raymond C. Fisher, Circuit Judges.
PREGERSON, Circuit Judge:
Maria Edith Morales Apolinar (”Morales”) petitions for review of two decisions of the Board of Immigration Appeals (”BIA”): one dismissing her appeal of an Immigration Judge’s (”IJ”) denial of cancellation of removal and rejecting her claim that James Robert Valinoti (”Valinoti”) provided ineffective assistance (No. 04-73484) and another denying her motion to reconsider its earlier decision (No. 04-75248). We have jurisdiction under 8 U.S.C. ยง 1252. We grant relief and remand for a merits hearing on Morales’s cancellation of removal application. BACKGROUND Morales is a twenty-eight year-old native and citizen of Mexico. She testified that she first entered the United States . . .
