Chavez-Garcia v. Sessions

The Ninth Circuit granted a petition for review of the BIA's decision dismissing petitioner's appeal on the ground that he waived his right to appeal by departing under an order of removal. The panel held that petitioner's departure alone did not constitute a "considered" and "intelligent" waiver of his right to appeal and therefore did not meet the constitutional requirements of a valid waiver. Furthermore, the IJ's failure to inform petitioner that his departure would constitute a waiver of his previously reserved right to appeal to the BIA rendered petitioner's purported waiver invalid. The panel remanded for further proceedings. View "Chavez-Garcia v. Sessions" on Justia Law