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Keywords

jurisdictionattorneystatuteappealregulationasylumvisa
jurisdictionattorneystatuteappealregulationasylumvisa

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Reynoso-Lopez v. Ashcroft

Facts

Reynoso is a twenty-seven year old native of Guatemala who claims that when he was ten years old, he was held in confinement by Guatemalan guerrillas. He escaped to Mexico, where he lived for six years before entering the United States without a visa at the age of sixteen. After applying for asylum and other forms of relief, the IJ denied his requests but granted him voluntary departure until March 6, 2000. The BIA affirmed the IJ's decision without opinion and granted Reynoso voluntary departure within thirty days of its order.

Reynoso is a twenty-seven year old native of Guatemala who claims that when he was ten years old, he was held in confinement by Guatemalan guerrillas. He escaped to Mexico, where he lived for six years before entering the United States without a visa at the age of sixteen. After applying for asylum and other forms of relief, the IJ denied his requests but granted him voluntary departure until March 6, 2000. The BIA affirmed the IJ's decision without opinion and granted Reynoso voluntary departure within thirty days of its order.

Issue

Whether this Court has the authority to reinstate a grant of voluntary departure and extend the departure date previously ordered by an Immigration Judge (IJ) and affirmed by the Board of Immigration Appeals (BIA).

Whether this Court has the authority to reinstate a grant of voluntary departure and extend the departure date previously ordered by an Immigration Judge ('IJ') and affirmed by the Board of Immigration Appeals ('BIA').

Rule

The authority to extend the time within which to depart voluntarily specified initially by an immigration judge or the Board is only within the jurisdiction of the district director, the Deputy Executive Associate Commissioner for Detention and Removal, or the Director of the Office of Juvenile Affairs.

The authority to extend the time within which to depart voluntarily specified initially by an immigration judge or the Board is only within the jurisdiction of the district director, the Deputy Executive Associate Commissioner for Detention and Removal, or the Director of the Office of Juvenile Affairs.

Analysis

The court found that it lacked jurisdiction to reinstate or extend the voluntary departure period because the power to grant, extend, or reinstate voluntary departure is solely within the authority of the Attorney General and his delegates at the INS. The court emphasized that the statutory language of the immigration statutes and regulations does not provide any authority for appellate courts to extend voluntary departure orders.

The court found that it lacked jurisdiction to reinstate or extend the voluntary departure period because the power to grant, extend, or reinstate voluntary departure is solely within the authority of the Attorney General and his delegates at the INS. The court emphasized that the statutory language of the immigration statutes and regulations does not provide any authority for appellate courts to extend voluntary departure orders.

Conclusion

The court affirmed the denial of the alien's application for asylum, withholding of removal, and protection under the CAT. The court held that it lacked jurisdiction to reinstate the grant of voluntary departure and to extend the alien's date for voluntary departure.

The court affirmed the denial of the alien's application for asylum, withholding of removal, and protection under the CAT. The court held that it lacked jurisdiction to reinstate the grant of voluntary departure and to extend the alien's date for voluntary departure.

Who won?

The government prevailed in the case because the court found that the IJ's determinations were supported by substantial evidence and that the court lacked jurisdiction to grant the requested relief.

The government prevailed in the case because the court found that the IJ's determinations were supported by substantial evidence and that the court lacked jurisdiction to grant the requested relief.

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