DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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212135P.pdf 06/17/2022 Flora Holmes v. Merrick B. Garland
U.S. Court of Appeals Case No: 21-2135
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Shepherd, Author, with Loken and Colloton, Circuit Judges]
Petition for Review - Immigration. With respect to petitioner's claim that
the IJ violated her due process rights, the claim is rejected as the IJ
advised her of her rights and there was nothing about the hearing that
calls into doubt the fundamental fairness of the proceeding; as there was
no due process violation, petitioner's admission of the charges and
concession of removability at the hearing could be admitted at a
subsequent hearing; petitioner's motion to remand was actually a motion to
reopen and the motion failed to comply with the substantive requirements
for such a motion; accordingly, the agency did not commit a procedural
error when it denied the motion.