Sagaydak v. Gonzales, 405 F.3d 1035 (9th Cir. 2005)

Tom Youngjohn

Case Conclusion Date:March 2, 2007

Practice Area:Immigration

Outcome:Sustained and Remanded

Description:The Ninth Circuit in Sagaydak v. Gonzales (05/04/05 - No. 02-74299) granted petitioner's petition for review where the immigration judge and the Board of Immigration Appeals both failed to rule on Sagaydak's claim of ineffective assistance of prior counsel. The petition was sustained and remanded. The petitioners, a Ukrainian couple, were ultimately granted witholding of removal by the Immigration Judge, (even though they had complicated their case by immigrating to Canada a few months before the Ninth Circuit sustained their appeal.)