Friday, August 12, 2011

Sixth Cicuit -- Dora Giraldo v. Eric Holder, Jr.

 Dora Giraldo v. Eric Holder, Jr. 

 No statutory bar to jurisdiction where IJ grants withholding of removal and BIA reverses and remands for consideration of voluntary departure - th BIA order is sufficiently final.  BUT prudential considerations counsel against jurisdiction, since statute forfeits voluntary departure upon filing of appeal, and allowing intermediate appeals would be a means of circumventing this restriction.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.