Casillas v. Holder, No. 09-3831 (6th Cir. 2011)
Annotate this CaseIn 1996, an immigration judge ordered petitioner deported unless he voluntarily left the U.S. In 2009 he was detained and sought a stay of removal, claiming he had departed before the 1996 voluntary-departure deadline, precluding his conditional order of removal from becoming a final order of removal. He presented an expired Mexican passport and a marriage certificate, both issued in Mexico in 1998. The application was denied and petitioner was deported. The Sixth Circuit dismissed an appeal for lack of jurisdiction. Federal courts of appeal do not have jurisdiction over denials of petitions to stay removal; petitioner had not appealed to the BIA the decisions on his motion for a speedy bond hearing and never challenged his removability in 1996. He cannot challenge enforcement of the 1996 order as if it were a new order.
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