De Freitas v. Mukasey

MEMORANDUM ***

The facts and procedural posture of the case are known to the parties, and we do not repeat them here. Petitioner Jose Julio De Freitas seeks review of a final order of removal issued by the Board of Immigration Appeals on December 21, 2005. The BIA determined that Petitioner was deportable pursuant to former section 241(a)(2)(A)(iii) of the INA, 8 U.S.C. § 1231 (a)(2)(A)(iii), as an alien convicted of an aggravated felony, and ineligible for a waiver of inadmissibility, pursuant to for *987 mer section 212(c) of the Immigration and Nationality Act (“INA”) (“212(c) relief’), 8 U.S.C. § 1182 (c) (1994) (repealed by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRI-RA”) § 304(b), Pub.L. No. 104r-208, 110 Stat. 3009 (Sept. 30,1996)).

Petitioner argues for the first time in these proceedings that the delegate of the Secretary of the Department of Homeland Security, Assistant Chief Counsel Peter S. Vincent, had no authority to file the amended charge of deportability that ultimately rendered Petitioner deportable and without a viable avenue for relief. Because we lack subject matter jurisdiction to reach the merits of a legal claim not…