Monday, December 17, 2012

No Relief for Deportee Despite Deportation Officer's Error

Aguilar-Aguilar v. Napolitano, 2012 WL 5992179 (12/3/12) (Published) - It was wrong for the deportation officer to issue to the alien a notice of intent to remove and an expedited Final Administrative Removal Order at the same time, because the alien did not concede deportability at that time. But this did not constitute a due process violation that would have given the 10th jurisdiction to review the matter. The alien did not now contest that he was a deportable alien with a prior aggravated felony conviction. So he had no liberty interest that due process protected. The alien couldn't get discretionary relief from removal.