Perona-Aguilar

MEMORANDUM

Miguel Oscar Perona-Aguilar (“Pero-na”) seeks review of a final decision of the Board of Immigration Appeals (“BIA”) denying his motion for a remand to permit him to apply for voluntary departure in lieu of removal. The Government characterizes the denial of remand as effectively a denial of a request for voluntary departure, and argues that we therefore lack jurisdiction to reach the issue.

The Government reasons that the fundamental question presented by Perona’s motion before the BIA was whether the expiration of the statutory bar to his eligibility for voluntary departure would alter what it contends was a prior decision by the immigration judge to deny voluntary departure on discretionary grounds, regardless of the fact that Perona was statutorily ineligible for such relief at the time. Citing Fernandez v. Gonzales, 439 F.3d 592, 602-03 (9th Cir.2006), the Government then argues jurisdiction does not lie to review an agency determination declining to reopen a prior decision denying relief on an unreviewable discretionary ground.

To the extent Perona’s motion for remand and his contention in this petition can fairly be characterized in the manner the Government…