Legal Opinion

Chetwyn Archer v. Loretta E. Lynch

Court of Appeals for the Ninth Circuit

Decided July 24, 2015No. 09-73951Unpublished

1Opinion of the Court

MEMORANDUM ***

Chetwyn Archer, a citizen of the United Kingdom, petitions for review of a Board of Immigration Appeals (BIA) decision denying his motion to reopen his removal proceedings and affirming his final order of removal. We have jurisdiction under 8 U.S.C. § 1252(a), and we grant the petition.

1. The BIA properly determined that it lacked jurisdiction to consider Archer’s attempt to collaterally attack the criminal conviction forming the basis of his remova-bility. “[T]he [BIA] cannot entertain a collateral attack on a judgment of conviction, unless that judgment is void on its face.”…

2Cases cited9 opinions

  1. Descamps v. United StatesSupreme Court of the United States · 2013
  2. Hardeep Singh v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  3. Luis Franco-Rosendo Eulalia Zacarias De Franco v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
  4. Contreras v. SchiltgenCourt of Appeals for the Ninth Circuit · 1997
  5. Jose Contreras v. Ted Schiltgen, District Director Immigration and Naturalization Service United States Department of JusticeCourt of Appeals for the Ninth Circuit · 1998

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