3rd Circ. Says It Has Authority Over Reopened BIA Cases

Law360, Los Angeles (September 22, 2016, 6:37 PM EDT) — The Third Circuit on Wednesday rejected the federal government’s bid to dismiss a challenge of a Board of Immigration Appeals ruling denying asylum for a mother and son from Guatemala, saying the board’s subsequent reopening of proceedings didn’t affect the instant appeal, but ultimately tossed the case on the merits.

A three-judge Third Circuit panel said the U.S. Department of Justice’s request to dismiss Aguedita Ordonez-Tevalan and her son’s appeals due to the BIA twice rejecting their asylum bids didn’t warrant a dismissal on jurisdictional grounds….

Source: Law360