Opinions by Case | Eighth Circuit | United States Court of Appeals

DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.


042158U.pdf   02/23/2006  Dominguez-Capistran  v.  John Ashcroft
   U.S. Court of Appeals Case No:  04-2158
   Agency   
   [UNPUBLISHED] Bye, Author, with Heaney and Melloy]
   Petition for Review- Immigration. Dismissal of motion to reopen and to
   rescind an in absentia order of removal entered after petition failed to
   appear a scheduled cancellation of removal hearing affirmed; however,
   the order of deportation shall be stayed for 90 days to permit petitioner to
   seek new representation and petition the BIA to reopen her case based on
   a claim of ineffective assistance of counsel. Judge Heaney, concurring.
  
042158P.pdf   07/08/2005  Dominguez-Capistran  v.  John Ashcroft
   U.S. Court of Appeals Case No:  04-2158
   Agency   
   [PUBLISHED] [Heaney, Author, with Bye and Melloy, Circuit Judges] 
   Petition for Review - Immigration. The ineffective assistance rendered 
   by petitioner's counsel is an exceptional circumstance which justifies 
   rescinding the in absentia removal order entered in her case, and the BIA 
   abused its discretion in concluding there were no exceptional 
   circumstances preventing her from appearing at her cancellation of 
   removal hearing; remanded for further proceedings.