Medina Carreon v. Garland, No. 21-60391 (5th Cir. 2023)
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Petitioner, a native and citizen of Mexico, petitioned for review of a decision by the Board of Immigration Appeals (BIA) dismissing his appeal from the denial of his application for cancellation of removal. He challenged the BIA decision on grounds that: (1) it was ultra vires because the order was signed by a temporary BIA member whose term had expired; (2) the BIA erred in finding that Petitioner lacked good moral character; and (3) the BIA erred in affirming the denial of voluntary departure.
The Fifth Circuit dismissed his petition in part and denied it in part. Petitioner contended that the two temporary BIA members who ruled in his case acted ultra vires because their terms had “terminated by automatic operation of law” on October 31, 2020, nearly six months before they ruled in his case. His argument hinges on whether the Attorney General properly delegated his renewal authority to the Director through regulation. But his argument collapses against the BIA members’ reappointment paperwork because that documentation substantiates the Government’s assertion that the temporary BIA members were reappointed by the Attorney General, not the Director.
Petitioner also contended that the BIA improperly relied on a 2019 decision by the then-Acting Attorney General (AAG) because it was issued without legal authority due to alleged defects in the AAG’s appointment. The court did not consider merits because Petitioner failed to brief the issue adequately.
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