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223653P.pdf 02/27/2024 Israel Amador-Morales v. Merrick Garland
U.S. Court of Appeals Case No: 22-3653
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Benton, Author, with Shepherd and Kelly, Circuit Judges]
Petition for Review - Immigration. The BIA properly declared that its
decision in Matter of Fernandez, 28 I. & N. Dec. 605 (BIA 2022), was not
an intervening change in the law that would excuse petitioner's forfeiture
of an objection to the Notice to Appear; through counsel, petitioner
admitted the DHS's allegations and conceded removability, and there were
no egregious circumstances which would prevent application of the general
rule that the admission bound petitioner; because petitioner could still
pursue prosecutorial discretion, the BIA did not abuse its discretion in
denying a remand. Judge Kelly, dissenting.