United States Fifth Circuit

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Cantu-Delgadillo v. Holder, 08-60122

In a petition for review of the BIA's order denying petitioner's request for administrative closure and dismissing his appeal from the BIA's order removing him from the U.S., the petition is denied where: 1) because the Department of Homeland Security opposed the administrative closure, the BIA had no discretion to administratively close the case; and 2) petitioner had no fundamental liberty interest in being able to reside with his children and work in the U.S.

Appellate Information

  • Decided 10/01/2009
  • Published 10/01/2009

Judges

  • PER CURIAM:, Before GARWOOD, OWEN and SOUTHWICK, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Lisa S. Brodyaga, Refugio de Rio Grande, San Benito, TX, for Petitioner.

  • For Appellees:
  • Shelly R. Goad, Thomas Ward Hussey, Director, Barry Joseph Pettinato, U.S. Dept. of Justice, Office of Immigration Litigation, Washington, DC, Sandra M. Heathman, U.S. Citizenship & Immigration Services, Houston, TX, for Respondent.