Bains

Bains v. Immigration & Naturalization Service

Good Law
1 F. App'x 721
United States Court of Appeals for the Ninth CircuitJanuary 16, 2001No. 99-70790California253 words

Opinion

Lead Opinion

MEMORANDUM *

After a hearing, an Immigration Judge (IJ) concluded that Petitioner Harvinder Singh Bains was deportable as an aggravated felon and ordered him deported to India. Petitioner appealed to the Board of Immigration Appeals (BIA). The BIA dismissed the appeal on the ground that Petitioner had waived the right to appeal during his hearing before the IJ. Petitioner appeals. We review de novo the validity of a waiver of the right to appeal an order of removal. United States v. Garza-Sanchez, 217 F.3d 806, 808 (9th Cir .2000).

A deportee may waive the right to judicial review of a deportation order, but that waiver must be “knowing and voluntary.” United States v. Jimenez-Marmolejo, 104 F.3d 1083, 1085 (9th Cir. 1996). Petitioner’s waiver satisfied that standard. The IJ explained the right to appeal at the beginning of the hearing. Later, after concluding that Petitioner was deportable, the IJ asked Petitioner if he wanted to appeal the decision. Petitioner unequivocally stated that he did not wish to appeal. No more is required. See United States v. Estrada-Torres, 179 F.3d 776, 781 (9th Cir.1999) (holding that, “[b]e-cause the immigration judge explained the right to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.