U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

Barnes v. Holder, 09-1782

Denial of petitioner's motion to terminate removal proceedings pursuant to section 1239.2(f)

Barnes v. Holder, 09-1782, concerned a Panamanian citizen's petition for review of a BIA's affirmance of an IJ's denial of his motion to terminate removal proceedings.  In denying the petition, the court held that the interpretation of section 1239.2(f) adopted in Hidalgo, holding that removal proceedings may only be terminated pursuant to section 1239.2(f) where the DHS has presented an affirmative communication attesting to the alien's prima facie eligibility for naturalization, and applied by the BIA in this case, is neither clearly erroneous nor inconsistent with the regulation.

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