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JESUS ESCOBAR-GRIJALVA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

ORDER

The opinion filed on March 24, 2000 is amended as follows:

Slip opinion, p. 3469, sec. [4]. After ¶ 1, [ 206 F.3d at 1335, following the fifth paragraph], add:
The INS contends that Escobar did not raise the denial of her statutory right to counsel in a timely fashion. But her claim of counsel so ineffective in assisting her that it deprived the administrative proceeding of due process encompassed the denial of the statutory right; the latter denial was the foundation of what followed. We decide the appeal on this narrower, statutory basis. See Rios-Barrios v. INS, 776 F.2d 859, 862 (9th Cir. 1985).

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ESCOBAR-GRIJALVA v. I.N.S
(Jun 20, 2000)