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Maxime P. Blancv.U.S. Attorney General

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.19-12508
DecidedMay 11, 2021
Reporter996 F.3d 1274 (11th Cir. 2021)
JudgesWilliam H. Pryor Jr., Chief Judge; Charles R. Wilson; Britt C. Grant
Tags
CivilImmigration LawRemoval ProceedingsAdministrative LawStatutory InterpretationAppellate ProcedureDissent
Case Summary

Maxime Blanc, a lawful permanent resident from Dominica, was placed in removal proceedings after two convictions for crimes involving moral turpitude. Although regulations required an immigration judge to inform apparently eligible respondents about preconclusion voluntary departure, the judge did not tell Blanc about that option and later ordered his removal. The Board of Immigration Appeals affirmed, treating the omission as immaterial because Blanc did not warrant discretionary voluntary departure. The Eleventh Circuit dismissed Blanc’s petition for lack of jurisdiction. The majority held that the Board had independently exercised its discretion to deny preconclusion voluntary departure, and that the Immigration and Nationality Act bars review of that discretionary judgment. Because the Board had already considered the alleged procedural error and reached its own decision, Blanc could not recast a challenge to the denial of relief as a reviewable procedural claim. Judge Wilson dissented, reasoning that the Board had not independently denied preconclusion departure and that the court retained jurisdiction to review the immigration judge’s failure to follow the notice regulation. He would have reversed the removal order and remanded.

Opinion

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