Record contained sufficient evidence to support decision by Dept. of Homeland Security to initiate expedited removal proceedings under 8 USC section 1228(b) based on alien’s prior aggravated felony conviction, as well as its subsequent issuance of Final Administrative Removal Order (FARO). Ct. of Appeals lacked jurisdiction to review any challenge to expedited removal process, since alien’s challenges became moot once IJ ordered that alien be removed pursuant to DHS’s FARO. Ct. also lacked jurisdiction to consider alien’s claim that 8 CFR section 1208.31(g)(2)(i) was ultra vires because it precluded him from seeking asylum relief, where alien had no legally protected interest in any ability to seek asylum relief. Ct. also rejected alien’s claim that Bd. erred by not referring his appeal to three-member panel, where single Bd. member had discretion to refer alien’s case to three-member panel. While Ct. further found that Bd. had erred in engaging in certain fact-finding when affirming IJ’s conclusion that alien’s state-court conviction qualified as particularly serious crime, alien did not establish any prejudice, where other evidence found by IJ sufficiently supported IJ’s conclusion.
Federal 7th Circuit Court
Civil Court
Immigration