5th Circ Rejects Gov’t Argument That BIA Order Is Not Final

Law360, New York (August 29, 2016, 5:26 PM ET) — The Fifth Circuit on Thursday denied a bid by the federal government to dismiss an appeal by an immigrant in the U.S. without permission who was ordered removed for lack of jurisdiction, rejecting the federal government’s argument that the Board of Immigration Appeals decision is not a final reviewable order. 

In a per curiam decision, the three-judge panel disagreed with the federal government’s argument that the appeals court lacked the authority to review Mayra Holguin-Mendoza’s petition appealing a BIA decision that ordered her removed but which…

Source: Law360

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