George Garcia v. Loretta E. Lynch

I join, the per curiam opinion, as I entirely agree that George Camacho Garcia’s appeal waiver was invalid because his conviction was not an aggravated felony. I *797write separately to explain an additional, more fundamental problem with the Board of Immigration Appeal’s (“BIA”) decisions in this case: In my view, the regulation upon which the BIA relied for its conclusion that it lacked jurisdiction is flatly inconsistent with the Immigration and Nationality Act (“INA”).

Routinely, when an Immigration Judge (“IJ”) renders a decision, he asks the respondent and the Department of Homeland Security…