Alexander-Mendoza v. Attorney General United States, No. 21-2322 (3d Cir. 2022)
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In each of these consolidated petitions for review, an alien’s initial counsel withdrew, and the alien represented himself at the merits hearing on his requests for relief from removal. After denying those requests and ordering the aliens removed, the Immigration Judge informed each alien that he had a right to administratively appeal the removal order to the Board of Immigration Appeals and that the right could be waived. Each alien waived that right, preferring to be deported rather than remain in custody. Days afterward, each alien filed a pro se notice of appeal. Later, in briefs filed by pro bono counsel, each alien disputed a removal. The BIA dismissed each administrative appeal, finding that the waiver of an administrative appeal was valid. Each alien then filed an unsuccessful motion for reconsideration with the BIA.
The Third Circuit denied petitions for review. The administrative record does not compel the conclusion that the waivers were invalid, and the BIA did not abuse its discretion in denying the alien’s motion to reconsider. Each IJ explained the right to appeal and the meaning of the waiver; the waivers were not involuntary.
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