Camick v. Sessions, No. 16-3506 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit denied petitions for review of two decisions of the BIA dismissing petitioner's appeal from the IJ's grant of voluntary departure with an alternate order of removal, and denying reconsideration. The court held that, in these circumstances, petitioner's belated appeal to the BIA was untimely because it was filed after termination of the voluntary departure period, whether or not it was timely filed under the BIA's procedural regulations. The court reasoned that any error by the BIA in not taking up this futile appeal of the alternative removal order on the merits was harmless.
Court Description: Loken, Author, with Benton and Erickson, Circuit Judges] Petition for Review - Immigration. Petitioner's belated appeal to the BIA was untimely because it was filed after the termination of the voluntary departure period, whether or not it was timely filed under the BIA's procedural regulations; any error by the BIA in not taking up this futile appeal of the alternative removal order on the merits was harmless and petitioner's petitions for review are denied.
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