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HERNANDEZ-SERRANO v. BARR

No. 20-3175.

981 F.3d 459 (2020)

Roberto Isaac HERNANDEZ-SERRANO, Petitioner, v. William P. BARR, Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 24, 2020.

Attorney(s) appearing for the Case

ARGUED: Benjamin R. Winograd , IMMIGRANT & REFUGEE APPELLATE CENTER, LLC, Alexandria, Virginia, for Petitioner. Edward Wiggers , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Benjamin R. Winograd , IMMIGRANT & REFUGEE APPELLATE CENTER, LLC, Alexandria, Virginia, Rachel Bonano , LAW OFFICE OF RACHEL BONANO, PLLC, Knoxville, Tennessee, for Petitioner. Remi da Rocha-Afodu , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

KETHLEDGE, J., delivered the opinion of the court in which GUY, J., joined. CLAY, J. (pp. 467-75), delivered a separate dissenting opinion.

OPINION

A regulation delegating to immigration judges authority to take certain actions "[i]n deciding the individual cases before them" does not delegate to them general authority not to decide those cases at all. Yet in more than 400,000 cases in which an alien was charged with being subject to deportation or...

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