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Immigration Law

CA4 on Venue: Herrera-Alcala v. Garland

Herrera-Alcala v. Garland

"Oscar Herrera-Alcala, a Cuban alien, petitions for review of the Board of Immigration Appeals decision denying his application for asylum, withholding of removal, and Convention Against Torture (“CAT”) protection. But the government first argues that we should not hear this case, as venue lies in the Fifth Circuit. Interpreting the venue statute, we find that venue is proper in this court because the Immigration Judge completed the proceedings in Virginia, which is within our judicial circuit. ... Section 1252(b)(2) specifies that a petition for review of an order of removal “shall be filed with the court of appeals for the judicial circuit in which the immigration judge completed the proceedings.” During the video conference hearing, Herrera-Alcala was in the Fifth Circuit (Louisiana) and the Immigration Judge was in the Fourth Circuit (Virginia). ... Venue under § 1252(b)(2) depends on the location of the Immigration Judge. And the Immigration Judge was in Falls Church, Virginia, making venue proper in the Fourth Circuit."