504 F. App'x 461
6th Cir.2012Background
- Parra-Morela, a Mexican citizen, appeals a BIA decision affirming an IJ’s denial of her motion to terminate removal proceedings.
- She was charged with being present in the U.S. without admission or parole and with a crime involving moral turpitude after a 2008 fraud conviction.
- At a January 2010 removal hearing, she moved to terminate, alleging the NTA was invalid because it was not personally signed by the issuing officer.
- The NTA named Supervisory Deportation Officer John Koren; the signature appeared as “John Koren by JC.”
- The court applies a presumption of regularity to agency actions, reviews the Board’s final decision, and rejects the personal-signature requirement argument lacking statutory/regulatory support.
- The petition is denied because she failed to show prejudice from the alleged NTA defect and there is no jurisdictional flaw under the authorities cited.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether personal signature of the issuing officer is required for NTA validity | Parra-Morela—NTA not signed by issuing officer | Agency presumption of regularity; issue not equated with sign | Not required; no prejudice shown; NTA valid |
| Whether any NTA defect prejudices removal proceedings or jurisdiction | NTA defect prejudices admissibility and proceedings | No prejudice shown; jurisdiction valid | No prejudice; petition denied |
Key Cases Cited
- Ba v. Holder, 561 F.3d 604 (6th Cir. 2009) (NTA contents; proper notice elements)
- Khalili v. Holder, 557 F.3d 429 (6th Cir. 2009) (Board’s decision as final agency determination)
- Diaz-Soto v. INS, 797 F.2d 262 (5th Cir. 1986) (issue not equal to signature; signing not strictly required)
- Kohli v. Gonzales, 473 F.3d 1061 (9th Cir. 2007) (illegibility of signature does not invalidate NTA)
- Ochoa-Artega v. U.S. Att’y Gen., 322 F. App’x 768 (11th Cir. 2009) (NTA signature requirements broad)
- Ali v. Gonzales, 435 F.3d 544 (5th Cir. 2006) (8 C.F.R. § 239.1 permits signing by special agents)
- FCC v. Schreiber, 381 U.S. 279 (1965) (presumption of regularity in government actions)
- United States v. Martin, 438 F.3d 621 (6th Cir. 2006) (presumption of regularity extends to public officers)
- United States v. Chemical Found., Inc., 272 U.S. 1 (1926) (presumption of regularity; official acts presumed proper)