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Keywords

appealdue processdeportationliens
appealdue processdeportationliens

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Martinez-De Bojorquez v. Ashcroft

Facts

Martinez, a native and citizen of Mexico, became a lawful permanent resident in 1987. Deportation proceedings were initiated against her in 1992 due to allegations of aiding illegal entry. During her appeal, she made brief trips to Mexico for medical reasons, unaware that these departures would result in a waiver of her appeal. The BIA took four-and-a-half years to decide her case, during which she was not informed that her appeal would be deemed withdrawn if she left the country.

Martinez, a native and citizen of Mexico, became a lawful permanent resident in 1987. Deportation proceedings were initiated against her in 1992 due to allegations of aiding illegal entry.

Issue

Did the application of 8 C.F.R. 1003.4, which deemed Martinez's appeal withdrawn due to her brief departures from the U.S., violate her due process rights?

Did the application of 8 C.F.R. 1003.4, which deemed Martinez's appeal withdrawn due to her brief departures from the U.S., violate her due process rights?

Rule

Aliens facing deportation are entitled to due process under the Fifth Amendment, which includes the right to be informed of the consequences of their actions regarding appeals.

Aliens facing deportation are entitled to due process under the Fifth Amendment, which includes the right to be informed of the consequences of their actions regarding appeals.

Analysis

The court determined that Martinez's due process rights were violated because she was not informed that her brief departures from the U.S. would result in the withdrawal of her appeal. The court noted that the BIA's failure to provide adequate notice of the consequences of her actions led to a significant risk of erroneous deprivation of her rights, as she was likely eligible for relief under 212(c) had she been properly informed.

The court determined that Martinez's due process rights were violated because she was not informed that her brief departures from the U.S. would result in the withdrawal of her appeal.

Conclusion

The petition for review was granted, and the action was remanded for further proceedings.

The petition for review was granted, and the action was remanded for further proceedings.

Who won?

Martinez prevailed in the case because the court found that her due process rights were violated due to a lack of notice regarding the consequences of her departures from the U.S.

Martinez prevailed in the case because the court found that her due process rights were violated due to a lack of notice regarding the consequences of her departures from the U.S.

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