B.R. v. Merrick B. Garland

From the opinion:

“As a minor, petitioner B.R. had multiple run-ins with the law and accumulated a lengthy juvenile court record with the State of California—a record that states he was born in Mexico. B.R. soon came to the attention of the Department of Homeland Security (“DHS”), which suspected he was not lawfully present in the United States. DHS took B.R. into custody while he was still a minor, issued him a Notice to Appear (“NTA”), and initiated removal proceedings against him. After he was released and while those proceedings were ongoing, B.R. sold methamphetamine to an undercover federal officer. He was incarcerated, and, in 2018, he was ordered removed. B.R. now seeks review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from the Immigration Judge’s (“IJ”) final order of removal and denial of his application for deferral of removal under the Convention Against Torture (“CAT”). He presents three main arguments. First, he claims DHS effected improper service of the NTA, thereby failing to vest the immigration court with jurisdiction, and that DHS should not have been permitted to cure that service violation…Second, B.R. contends the evidence DHS submitted to support its charge that B.R. was born in Mexico should be suppressed because DHS did not obtain the evidence independently of B.R.’s confidential juvenile court records (records which he alleges DHS obtained in violation of California privacy laws and his constitutional rights)…Finally, B.R. argues the BIA erred in concluding he is not entitled to deferral of removal under CAT.”