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  • Rodney Mesriani is a former Law Clerk to U.S. District Court Honorable Judge William J. Rea and to the California Department of Corporations.
  • He also appears in various TV and radio shows and hosts his own radio shows on 870AM and 670AM.
Home > Recent Court Decisions > Mendoza-Mazariegos V. Mukasey

Mendoza-Mazariegos v. Mukasey
Cite as No. 05-70163


Immigrant Granted Another Chance In Deportation Case

The 9th US Circuit Court of Appeals , in (Mendoza-Mazariegos v. Mukasey - filed December 6, 2007, Cite as No. 05-70163) through a three-judge panel led by Harry Pregerson, granted Jorge Mario Mendoza Mazariegos, an immigrant from Guatemala, another chance to fight his deportation. In a unanimously-voted opinion, the federal appeals court said that Mazariegos’ right to counsel was denied and as a result, granted his petition for review.

The deportation case started about nine years ago when the Immigration and Naturalization Service (INS) caught Jorge Mario Mendoza Mazariegos for being an illegal alien. The INS detained Mazariegos at the detention center in Florence, Arizona.

Since Mazariegos’ first court appearance in August 7, 1998, his immigration case took different turns. His case was transferred to California; he was allowed to post bail. He also hired a lawyer, Steven Paek, who reiterated Mazaniegos’ wish to apply for the cancellation of removal. But Mazariego’s immigration case suffered setbacks due to hearing delays.

In commenting about this, the panel said Mazariego was a victim of the so-called ‘notarios’, unlicensed legal aides who prey on immigrants. According to the panel, Mazariego was forced to proceed without a lawyer, after Steven Paek apparently deserted him.  Following this, he hired a new counsel, Nana Boachie-Yiadom, to replace Paek. The new counsel immediately asked the immigration court to delay the proceeding so she could familiarize herself with the case, which the immigration judge did not grant.

The federal appeals court criticized the conduct of Judge Thomas Fong during the deportation trial in 2003. According to the panel, the judge showed little consideration of Mazariegos’ “unfamiliarity with the language and the legal system” which, in effect, had forced the Guatemalan immigrant to proceed with the hearing without a lawyer.

Therefore, the federal appeals court ruled that Mazariego’s right to counsel was denied and recommended a review of the case.


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•Estate Of Tucker V. Interscope Records, Inc.
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•LaRue V. DeWolff, Boberg & Associates, Inc.
•Service Employees International Union, Local 250 V. Colcord
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•Decision On Balance Payment Of Insurance Coverage Reversed
•Manzarek V. St. Paul Fire & Marine Insurance Company
•Qualcomm, Incorporated V. Certain Underwriters At Lloyds London
•Trustees Of The Southern California IBEW-NECA Pension Trust Fund V. Flores
•Flores V. Autozone West, Inc.
•Progressive Casualty Insurance V. Owen
•Garcia V. Paramount Citrus Association, Inc.
•Garza V. Asbestos Corporation, Ltd.
•Keener V. Jeld-Wen, Inc.
•Metters V. Ralphs Grocery Company
•Weber V Department Of Veterans Order Affairs
•Lyons V. Fire Insurance Exchange
•Diaz V. Eagle Produce Limited Partnership
•Prince V. Sutter Health Central
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•Miller V. American Greetings Corporation
•Great Western Drywall, Inc. V. Interstate Fire & Casualty
•SDV/ACCI, Inc. V. AT&T Corporation
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•Block V. Orange County Employees Retirement System
•Brown V. City Of Los Angeles
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•County Of Contra Costa V. Public Employees Union Local One
•McCarther V. Pacific Telesis Group, Inc
•California School Employees Association V. Bonita Unified School District
•Azure Limited V. I-Flow Corporation
•Caso V. Nimrod Productions, Inc
•Advanced Tech Security Services, Inc. V. Superior Court
•Los Angeles Unified School District V. Great American Insurance Company
•Southern California Regional Rail Authority V. Superior Court
•Pueblo Radiology Medical Group, Inc. V. Gerlach
•Derek Andrew, Inc V. Poof Apparel Corporation
•Aramark Facility Services V. Service Employees International Union
•Ferguson V. Coregis Insurance Company
•Bouton V. USAA Casualty Insurance Company
•Advanced-Tech Security Services, Inc. V. Superior Court
•Stone V. Center Trust Retail Properties, Inc.
•Quanta Computer, Inc., Et. Al. V. LG Electronics, Inc.
•Steven A. Fry V. Pro-line Boats, Inc
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•JPI Westcoast Construction, L.P. V. RJS & Associates, Inc
•Cold Creek Compost, Inc. V. State Farm Fire And Casualty Company
•Wysinger V. Automobile Club Of Southern California
•Mokler V County Of Orange
•Richardson-Tunnell V. School Insurance Program For Employees
•Miller V. Thane International, Inc.
•Global Horizons, Inc. V. U.S. Department Of Labor
•Nielsen V. Beck, Esq.
•Raven H. V. Gamette
•Prentice V. Board Of Administration, California Public Employees Retirement System
•District Council No.16 Of The International Union Of Painters & Allied Trades, Glaziers, Architectural Metal & Glass Workers, Local 1621 V. B & B Glass, Inc.
•Tanimura & Antle V. Workers Compensation Appeals Board
•Tahara V. Matson Terminals, Inc
•Gonzalez V. Beck
•Biscotti V. Yuba City Unified School District
•Applied Information Sciences Corp. V. EBay, Inc.
•Bates V. United Parcel Service, Inc.
•Leadsinger, Inc. V. BMG Music Publishing
•Valencia V. County Of Sonoma
•DiCola V. White Brothers Performance Products, Inc.
•Genlyte Group, LLC V. Workers Compensation Appeals Board
•United Steelworkers Of America V. Retirement Income Plan For Hourly-Rated Employees Of ASARCO, Inc.
•Sumpter V. Matteson
•Saffon V. Wells Fargo & Company Long Term Disability Plan
•Blanco V. Baxter Healthcare Corporation
•McGarry V. Sax
•Fichman V. Media Center
•Booth V. Santa Barbara Biplanes, LLC
•Stoneridge Investment Partners, LLC V. Scientific-Atlanta, Inc
•Weber V. Department Of Veterans Affairs
•De Bruyn V. Superior Court
•CDF Firefighters V. Maldonado
•Ali V. Federal Bureau Of Prisons
•Hammond V. County Of Los Angeles
•Ovando V. County Of Los Angeles
•Gilmer V. Ellington
•Verga V. Workers Compensation Appeals Board
•Vaught V. State Of California
•Bill Signs Trucking, LLC V. Signs Family Limited Partnership
•Ross V. Ragingwire Telecommunications, Inc.
•United Coastal Insurance Company V. Bechtel Hanford, Inc.
•Wells Fargo Bank, N.A. V. Superior Court
•Stellar V. State Farm General Insurance Company
•Quihuis V. City Of Los Angeles
•Ahmadi-Kashani V. The Regents Of The University Of California
•Bayer-Bel V. Litovsky
•Schachter V. Citigroup, Inc.
•Frastaci V. Vapor Corporation
•Cornhusker Casualty Insurance Company V. Samples
•Zenith Insurance Co. V. Workers Compensation Appeals Board
•Doe V. Salesian Society
•Alliant Insurance Services, Inc. V. Gaddy
•Bullock V. Philip Morris USA
•Estate Of Tucker V. Interscope Records, Inc.
•Vasquez V. Happy Valley Union School District
•LaRue V. DeWolff, Boberg & Associates, Inc.
•Service Employees International Union, Local 250 V. Colcord
•Henry V. Superior Court
•Michael Harrington V. Payroll Entertainment Services, Inc.
•City Of San Jose V. Operating Engineers Local No. 3
•Holdgrafer V. Unocal
•Bradford Hicks V. KNTV Television, Inc., Et Al
•Terry D. Buller V. Sutter Health Et Al
•Leslie Padilla V. Ismael Ruano Rodas Et. Al.
•California Faculty Association V. Public Employment Relations Board
•Sybersound Records, Inc. V. UAV Corporation
•Federal Express Corporation V. Paul Holowecki, Et. Al.
•Heide Betz V. Trainer Wortham & Company, Inc. Et Al
•Cohen V. Five Brooks Stable
•Richard B. Luke V. Collotype Labels USA, Inc.,
•Richard Grosset V. Eric P. Wenaas, Et Al
•Certain Underwriter At Lloyds, London V. Inlet Fisheries Incorporated
•Miller V. Collectors Universe, Inc.
•McClain V. Octagon Plaza, LLC
•Johnson V. Riverside Healthcare System, LP
•Farm Raised Salmon Cases
•American Casualty Co. Of Reading, Pa. V. Miller
•Oberson V. United States Department Of Agriculture
•Avivi V. Centro Medico Urgente Medical Center
•Burks V. Kaiser Foundation Health Plan, Inc.
•International Brotherhood Of Teamsters V. North American
•Villanueva V. City Of Colton
•Buell-Wilson V. Ford Motor Company
•James River Insurance Company V. Hebert Schenk, P.C.
•Kawamura V. Organic Pastures Dairy
•Surrell V. California Water Service Co.
•New Hampshire Ins. Co. V. C'Est Moi, Inc.
•Decision On Balance Payment Of Insurance Coverage Reversed
•Manzarek V. St. Paul Fire & Marine Insurance Company
•Qualcomm, Incorporated V. Certain Underwriters At Lloyds London
•Trustees Of The Southern California IBEW-NECA Pension Trust Fund V. Flores
•Flores V. Autozone West, Inc.
•Progressive Casualty Insurance V. Owen
•Garcia V. Paramount Citrus Association, Inc.
•Garza V. Asbestos Corporation, Ltd.
•Keener V. Jeld-Wen, Inc.
•Metters V. Ralphs Grocery Company
•Weber V Department Of Veterans Order Affairs
•Lyons V. Fire Insurance Exchange
•Diaz V. Eagle Produce Limited Partnership
•Prince V. Sutter Health Central
•Lonicki V. Sutter Health Central
•Miller V. American Greetings Corporation
•Great Western Drywall, Inc. V. Interstate Fire & Casualty
•SDV/ACCI, Inc. V. AT&T Corporation
•Council Of Insurance Agents & Brokers V. Molasky-Arman
•Block V. Orange County Employees Retirement System
•Brown V. City Of Los Angeles
•Martinelli V. International House USA
•Warner Brothers International Television Distribution V. Golden
•Mays V. City Of Los Angeles
•Harvey V. Sybase, Inc.
•Woods V. Union Pacific Railroad Company
•Everett V. State Farm General Insurance Company
•Kaplan V. Mamelak
•Antelope Valley Press V. Poizner
•Family Home And Finance Center Inc. V. Federal Home Loan
•Air Line Pilots Association V. National Labor Relations Board
•National Labor Relations Board V. Studio Transportation Drivers Local 399
•Adkins V. Mireles, Et. Al.
•Yount V. City Of Sacramento
•Medtronic, Inc. V. White
•Santillan, Et. Al. V. Roman Catholic Bishop Of Fresno
•Adair V. Stockton Unified School District
•Katosh V. Sonoma County Employees Retirement Association
•Witt V. Department Of The Air Force
•CBOCS West, Inc. V. Humphries
•Postal Instant Press, Inc. V. Kasawa Corporation
•County Of Contra Costa V. Public Employees Union Local One
•McCarther V. Pacific Telesis Group, Inc
•California School Employees Association V. Bonita Unified School District
•Azure Limited V. I-Flow Corporation
•Caso V. Nimrod Productions, Inc
•Advanced Tech Security Services, Inc. V. Superior Court
•Los Angeles Unified School District V. Great American Insurance Company
•Southern California Regional Rail Authority V. Superior Court
•Pueblo Radiology Medical Group, Inc. V. Gerlach
•Derek Andrew, Inc V. Poof Apparel Corporation
•Aramark Facility Services V. Service Employees International Union
•Ferguson V. Coregis Insurance Company
•Bouton V. USAA Casualty Insurance Company
•Advanced-Tech Security Services, Inc. V. Superior Court
•Stone V. Center Trust Retail Properties, Inc.
•Quanta Computer, Inc., Et. Al. V. LG Electronics, Inc.
•Steven A. Fry V. Pro-line Boats, Inc
•Charles W. Gribben V. United Parcel Service, Inc.
•Karen L. Ryan V. Commissioner Of Social Security
•Bridge V. Phoenix Bond And Indemnity Co.
•Golden Rain Foundation V Franz
•Westrec Marina Management Inc. V Arrowood Indemnity Comp.
•Olsen V Reid
•