context: At the August 2009 hearing, the IJ explained to Kohwarien the necessity of waiving all appellate rights to be eligible for pre-conclusion voluntary departure, which Kohwarien did without reservation. We do not require a specific incantation to evidence a valid waiver of appellate rights, but leave that matter to the immigration judge's discretion.
citation_a.signal: see also
citation_a.identifier: 22 I. & N. Dec. 1323, 1323
citation_a.parenthetical: "Because the precise articulation of appeal rights required in any given case will necessarily depend on the circumstances of that case, we do not seek to alter any statement currently used by an Immigration Judge that satisfactorily communicates the right to appeal."
citation_a.sentence: See Ali, 525 F.3d at 171 (“We reaffirm the IJ’s authority to notify an alien of his right to appeal and to seek a waiver of the right in any method that sufficiently safeguards the alien’s right.”); see also Rodriguez-Diaz, 22 I. & N. Dec. at 1323 (“Because the precise articulation of appeal rights required in any given case will necessarily depend on the circumstances of that case, we do not seek to alter any statement currently used by an Immigration Judge that satisfactorily communicates the right to appeal.”). The IJ’s colloquy here provides substantial evidence to support the BIA’s finding.
citation_b.signal: see
citation_b.identifier: 525 F.3d 171, 171
citation_b.parenthetical: "We reaffirm the IJ's authority to notify an alien of his right to appeal and to seek a waiver of the right in any method that sufficiently safeguards the alien's right."
citation_b.sentence: See Ali, 525 F.3d at 171 (“We reaffirm the IJ’s authority to notify an alien of his right to appeal and to seek a waiver of the right in any method that sufficiently safeguards the alien’s right.”); see also Rodriguez-Diaz, 22 I. & N. Dec. at 1323 (“Because the precise articulation of appeal rights required in any given case will necessarily depend on the circumstances of that case, we do not seek to alter any statement currently used by an Immigration Judge that satisfactorily communicates the right to appeal.”). The IJ’s colloquy here provides substantial evidence to support the BIA’s finding.