4th Circ. Says Judge 'Fabricated' Immigrant's Appeal Waiver 1 4th Circ. Says Judge 'Fabricated' Immigrant's Appeal Waiver

4th Circ. Says Judge 'Fabricated' Immigrant's Appeal Waiver

By Dorothy Atkins (August 24, 2022, 5:13 PM EDT) — The Fourth Circuit affirmed on Tuesday a decision tossing an illegal entry indictment against a Mexican immigrant whose wife and children live in the United States, finding that the immigration judge presiding over his initial removal case never informed him of his right to appeal and “apparently fabricated” his appeal waiver.

In a 24-page published opinion written by U.S. Circuit Court Judge James Andrew Wynn Jr., a unanimous three-judge panel held that the trial court got it right in tossing the government’s 2018 indictment against Mexican citizen Bonifacio Fernandez Sanchez due to his “fundamentally unfair” 2011 removal proceeding in Arlington, Virginia,…