Is a waiver allowing an individual to appeal in an immigration case a fundamental right like marriage or procreation?
MultiRegion, United States of America
The following excerpt is from Contreras-Aragon v. I.N.S., 852 F.2d 1088 (9th Cir. 1987):
3. The majority also appears to hold that the right to take an appeal in an immigration case is a fundamental right, like marriage or procreation, and therefore conditioning voluntary departure on its waiver is unconstitutional. Majority Op. at 1095; see also id. at 1094-1095. (citing Israel v. INS, 785 F.2d 738 (9th Cir.1986)). 10
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