Ramon Ramirez-Alejandre v. John Ashcroft, Attorney General

with whom O’SCANNLAIN, GOULD, TALLMAN, and RAWLINSON, Circuit Judges, join.

“A motion to reopen is one of two ways, a motion to reopen, or just send it in. It violates due process to ignore what we sent in.”

Counsel for petitioner (explaining during oral argument the nature of his claim).

I

Ramirez-Alejandre claims that the BIA’s decision not to consider new factual information “just sent in” for the first time on appeal regarding the merits of his request for suspension of deportation constituted a denial of due process of law. There are four main reasons why his claim fails.

First, the method he…