Granados-Oseguera v. Mukasey

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that failure to comply with a voluntary departure order renders an applicant statutorily ineligibility for cancellation of removal for 10 years
• BIA is compelled to deny a motion to reopen based on a movant’s failure to depart where ten-year bar applies to the requested relief
• statutory bar on relief resulting from failure to voluntarily depart is not subject to an exception in cases involving ineffective assistance of counsel
• “Congress has not given the Board or the courts authority to recognize equitable exceptions ... beyond those specifically provided in the voluntary departure provisions.”
• “Oseguera points to no authority that would permit an ineffective assistance of counsel claim to trump the statutory prohibition on ‘exceptional circumstance’ arguments in cases where the voluntary departure period has passed.”
• “[A]fter the period for voluntary departure ha[s] elapsed[,] . . . the [Board is] not simply correct to deny the motion; it [is] compelled to do so by the operation of 8 U.S.C. § 1229c(d)(1) . . . .”

Source: CourtListener parenthetical corpus (CC0).