RAM v. MUKASEY
The Ninth Circuit Court of Appeals today released an opinion in RAM v. MUKASEY, No. 05-71190, an administrative appeal. The panel consisted of Stephen S. Trott and Sidney R. Thomas, Circuit Judges, and Michael R. Hogan, District Judge.
TROTT, Circuit Judge:
Joel Jonathan Ram petitions for review of the Board of Immigration Appeals’ (”BIA”) decision that he is removable because he was convicted of (1) an aggravated felony and (2) a controlled substance violation. The BIA determined also that Ram’s hearing before an Immigration Judge (”IJ”) afforded him adequate due process. We have jurisdiction pursuant to 8 U.S.C. § 1252(a)(2)(D) and conclude that Ram was denied due process and his statutory right to counsel. Because we conclude also that Ram was prejudiced by the denial, we grant his petition for review and remand to the BIA with instructions to order a new hearing before an IJ. We need not reach the remainder of Ram’s claims. I. BACKGROUND In the original Notice To Appear (”NTA”), the Department of Homeland Security (”DHS”) charged Ram with being deportable under 8 U.S.C. § 1227(a)(2)(B)(i) for having been convicted of a controlled substance violation. At his first hearing on July 12, 2004, Ram was informed by a pre-recorded statement of his rights, including the right to be represented by an attorney during the removal proceedings as well as the right to deny the charges against him. The IJ then granted Ram’s request for a continuance in order for him to meet with an attorney. Ram’s second hearing was held August 12, 2004. It began: Q. Your hearing was set over until today in order for you to obtain the services of an attorney. Have you done that? A. No. No. . . .