Tuesday, July 18, 2006

Franco-Rosendo v. Gonzales (9th Cir. - July 18, 2006)

Imagine that it's your birthday (as it might well be). You live in Reedly, California (outside of Fresno), and you've got four young children -- whose ages are seven, four, two, and a wee four months -- all of whom are United States citizens. You're from Mexico, and you're trying to avoid being deported. One more thing. The mother of these four young children is seriously ill, and if she's successfully deported to the rural, indiginous area of Mexico where she's from -- which is five hours from the nearest hospital -- things aren't going to go well for either her or her children.

You've been ordered to be deported. You've lost your appeal before the BIA. You've got one last shot, and you've filed an appeal before the Ninth Circuit. What would be your wish -- your fondest dream, your most precious hope?

Well, if you could, you'd wish for a reversal by the Ninth Circuit. But if your genie didn't allow you to demand a particular result, you should wish for the next best thing: That Judge Reinhardt not only be on your panel, but that he is the author of a published majority opinion.

Which happens here. Needless to say, Judge Reinhardt reverses and remands the deportation order.

Mind you, I'm not saying he's wrong. Judge Trott, after all, goes along with him, as does Judge Wardlaw. I'm just saying that when the equities are as they are here, if you're trying to avoid being deported, you've got no better judicial friend than Judge Reinhardt.

Happy birthday, Luis & Eulalia. Even if it isn't.