United States Ninth Circuit

Petition for review of the Board of Immigration Appeals' decision, denying petitioner's motion for reconsideration for lack of jurisdiction on the ground that he validly waived appeal, is granted where petitioner’s waiver of his right to appeal to the BIA was not considered and intelligent because his decision was based upon an Immigration Judge's incorrect advice that his prior conviction was an aggravated felony and that he was therefore ineligible for relief from removal.

Appellate Information

• Decided 05/20/2015
• Published 05/20/2015

Judges

Court

• United States Ninth Circuit

Counsel