Melesio-Rodriguez v. Sessions

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 16-1781
Decision Date: 
March 7, 2018
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition dismissed

Ct. of Appeals lacked jurisdiction under 8 USC section 1252(a)(2)(C) to consider alien’s appeal of Bd.’s denial of her motion to reconsider Bd.’s unappealed removal order, even though alien argued that she did not knowingly and intelligently waive her appeal rights. Basis of removal order was fact that defendant had incurred certain controlled-substance convictions and, as result, Ct. of Appeals could consider only legal issues on any appeal. Moreover, alien’s challenge to Bd.’s finding that she had waived her right to appeal removal decision concerned only factual issues.