Legal Opinion
Gualberto Chavez-Garcia v. Jefferson Sessions
Court of Appeals for the Ninth Circuit
Decided September 21, 2017No. 14-72172PublishedCited by 5 opinions
1Opinion of the Court
Dissent by Judge OWENS
OPINION
BEA, Circuit Judge:
We must decide whether Gualberto Chavez-Garcia waived his right to appeal his removal order to the Board of Immigration Appeals (“BIA”) by his departure from the United States before he filed his appeal. See 8 C.F.R. § 1003.3(e) (“Departure from the United States of a person who is the subject of deportation proceedings, prior to the taking of an appeal from a decision in his or her case, shall constitute a waiver of his or her right to appeal.”). We hold that Chavez-Garcia’s departure alone did not constitute a “considered” and “intelligent”…
2Cases cited20 opinions
- Immigration & Naturalization Service v. VenturaSupreme Court of the United States · 2002
- Abderrahman Chebchoub v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2001
- Leticia Cordon-Garcia v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- Arturo Ascencio Mendez v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1977
- Pasqual Antonio-Martinez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2003
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3Cited by5 opinions
- Istvan Szonyi v. Matthew WhitakerCourt of Appeals for the Ninth Circuit · 2019
- Juan Ruiz-Colmenares v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2022
- Carlos Castillo-Crespo v. William BarrCourt of Appeals for the Ninth Circuit · 2019
- Istvan Szonyi v. William BarrCourt of Appeals for the Ninth Circuit · 2019
- Rudnitskyy v. GarlandCourt of Appeals for the Ninth Circuit · 2023