Orpinel-Robledo v. Garland, No. 20-2624 (8th Cir. 2021)Annotate this Case
The Eighth Circuit denied a petition for review of the BIA's decision denying petitioner's application for cancellation of removal. The court concluded that the substitution of immigration judges between the removal hearing and the decision did not violate the text of 8 U.S.C. 1229a(a)(1) nor petitioner's due process rights. The court explained that the phrase "the immigration judge" used in subsequent clauses simply refers to whichever immigration judge is conducting that part of the removal proceedings; the phrase does not require that the first immigration judge oversee the case from initiation to completion. Furthermore, the judge who wrote the decision fully complied with the governing regulations. Finally, petitioner failed to establish a due process right.