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Taggar v. Holder

United States Court of Appeals, Ninth Circuit

December 2, 2013

Pritam Kaur TAGGAR, aka Jaspreet Kaur Dhillon, Petitioner,
v.
Eric H. HOLDER, Jr., Attorney General, Respondent.

Argued and Submitted Oct. 10, 2013.

Page 887

[Copyrighted Material Omitted]

Page 888

Maleeha Haq (argued), Fremont, California; Christopher J. Stender, Immigration Practice Group, P.C., San Francisco, CA, for Petitioner.

Kiley L. Kane (argued), Trial Attorney; Tony West, Assistant Attorney General; John S. Hogan, Senior Litigation Counsel, United States Department of Justice, Civil Division, Washington, D.C., for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A045-253-632.

Before: J. CLIFFORD WALLACE, MILAN D. SMITH, JR., and SANDRA S. IKUTA, Circuit Judges.

OPINION

WALLACE, Circuit Judge:

Pritam Taggar seeks review of a final order of removal issued by the Board of Immigration Appeals (Board). The immigration judge (IJ) ordered Taggar removed from the United States. Taggar appealed from that judgment to the Board, and moved to remand the case. The Board dismissed the appeal and denied the motion to remand. Taggar filed a timely petition for review. We have jurisdiction under 8 U.S.C. § 1252(a)(1), and we deny the petition.

I.

On October 28, 2004, the government served Taggar with a notice to appear and charged her as removable from the United States under 8 U.S.C. § 1227(a)(1)(A), because she was inadmissible at the time of her entry into the United States. Her immigration proceedings were administratively closed on June 29, 2005, pending resolution of criminal proceedings against her. On May 23, 2006, Taggar was convicted of conspiracy to defraud the United States through visa fraud. The immigration proceedings recommenced, with the government providing additional factual allegations and two additional charges of removability, under 8 U.S.C. § 1227(a)(1)(G)(ii), for procuring a visa by fraud, and 8 U.S.C. § 1227(a)(3)(B)(iii), for her criminal conviction for conspiracy to commit visa-related fraud.

In a January 24, 2007 proceeding before the IJ, Taggar's attorney conceded that she was removable as charged by the government. The attorney stated " [t]he sole, the applications [sic] that she will be pursuing are applications pursuant to 241(b)(3)(B), as well as Convention Against Torture." The IJ set the filing deadline for any such applications for April 24, 2007, as requested by Taggar's attorney. Her attorney requested and received three extensions to file the applications for relief. But Taggar did not file any application by the due date. The government moved to pretermit Taggar's applications because of the failure to file timely. Taggar did not respond or file an application for relief under the Convention Against Torture, but instead filed a new ground of relief, requesting a waiver of inadmissibility under 8 U.S.C. § 1227(a)(1)(H). The government renewed its motion to pretermit, arguing that filing was late and that Taggar was ineligible for the waiver.

On June 27, 2007, the IJ ruled that Taggar was removable, and that she had abandoned her applications for relief and waiver by the failure to file timely. The IJ ordered Taggar removed to India. ...


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