Trevor A. Waldron v. Immigration and Naturalization Service

I agree with the majority that the BIA’s deportation order must stand notwithstanding the IJ’s failure to notify petitioner of his right to contact consular authorities and to certify an appeal to the BIA because the petitioner must demonstrate prejudice and has not done so. I also feel, however, that Montilla’s broad ruling that reversal follows per se whenever the INS fails to adhere to a regulation that implicates' a fundamental right cannot be supported. Because the rule may someday be revisited, I express my views separately.

I have no quarrel with the result in Mon-tilla — a reversal…