Burgess

MEMORANDUM **

Petitioner Davis Fito-Burgess (“Burgess”), a native and citizen of Samoa, petitions for review of an order of administrative removal. Burgess was deemed removable as a non-permanent resident alien convicted of an aggravated felony under INA § 238(b), 8 U.S.C. § 1228 (b). Burgess was served with a Notice of Intent to remove under INA § 238(b) by a Department of Homeland Security (“DHS”) officer who, according to Burgess, convinced him not to challenge the notice and concede deportability. Burgess signed a waiver conceding removability, and later requested withholding or deferral of removal, which were denied by an IJ and the BIA.

Burgess now claims that the government violated his due process rights by *672 convincing him to sign a waiver, or, alternatively, by not maintaining a sufficient record of the expedited removal process such that he could challenge any constitutional violations that occurred. He argues that had he not signed the waiver but instead challenged his removability, he might have succeeded in convincing the deciding DHS officer to exercise discretion and move him from the § 238 process, where he could not raise his discretionary grounds for…