Urias-Gaxiola v. Blanche

Summary

The Ninth Circuit held that the Board of Immigration Appeals abused its discretion by affirming an immigration judge’s denial of a motion to amend a pleading without allowing the petitioner to present evidence that his attorney’s factual admission was untrue. The court granted the petition in part, remanded for the judge to hear live testimony and determine whether the admission can be withdrawn and, if so, whether the petitioner remains removable.