United States Fifth Circuit

A petition for review from a decision of the BIA, which vacated an IJ's grant of a section 212(c) waiver of inadmissability and ordered petitioner deported, is denied in part where a claim -- that petitioner's due process rights were violated because the BIA, not the IJ, entered an order of removal in the first instance -- was foreclosed by precedent. The remainder of the petition is dismissed as the court lacked jurisdiction to consider the challenges.

Appellate Information

• Decided 01/08/2007
• Published 01/09/2007

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, BARKSDALE and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Kenneth Martin Katz (argued), Hughes, Hubbard & Reed, New York City, for Falek.


• For Appellees:
  
• Kristin Ann Cabral (argued), Civ. Div., Imm. Lit., Richard M. Evans, Asst. Dir., Thomas Ward Hussey, Dir., U.S. Dept. of Justice, OIL, Washington, DC, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, Margaret M. Kolbe, Brooklyn, NY, for Respondent.