CHAVEZ-GARCIA v. SESSIONS

No. 14-72172.

871 F.3d 991 (2017)

Gualberto CHAVEZ-GARCIA, aka Ualberto Chavez, aka Gilbert Garcia-Chavez, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 21, 2017.


Attorney(s) appearing for the Case

Gowri Ramachandran (argued), Supervising Attorney; Alexandra Angel (argued), Charlie Wang (argued) Samuel Barry , and Nadejda Sokolova , Certified Law Students; Southwestern Law School, Los Angeles, California; Andrew Knapp , Immigrant Access to Justice Assistance, Los Angeles, California; for Petitioner.

Elizabeth Fitzgerald-Sambou (argued) and Mona Maria Yousif , Trial Attorneys; John S. Hogan , Assistant Director; Office of Immigration Litigation, United States Department of Justice, Washington, D.C.; for Respondent.

Dissent by Judge Owens.


OPINION

We must decide whether Gualberto Chavez-Garcia waived his right to appeal his removal order to the Board of Immigration Appeals ("BIA") by his departure from the United States before he filed his appeal. See 8 C.F.R. § 1003.3(e) ("Departure from the United States of a person who is the subject of...

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