Stipulated Removal Violates Due Process
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Recently, the 9th Circuit held that the procedures used in the stipulated removal process violate due process. U.S. v. Ramos, No. 09-50059 (9th Cir. September 24, 2010). Specifically, Ramos held that the waiver of appeal and the waiver of the right to counsel were invalidly obtained where subject never had the benefit of appearing before an IJ who could determine whether such waivers were validly obtained. While it is outside precedent, the Court should consider this well reasoned opinion when deciding whether to reopen Respondent’s proceedings.
8 CFR § 1003.25(b), which provides the process for stipulated removal states that “[t]he stipulated request and required waivers shall be signed on behalf of the government and by the alien.” (emphasis added). “Shall” is a mandatory term. The stipulated request for removal order and waiver of hearing provided to counsel by Respondent does not contain a signature on behalf of the government.
Therefore, if you signed a stipulated agreement without appearing before an immigration judge, then you can file a motion to withdraw that agreement based on violation of due process and failure to comply with regulation.