As a matter of first impression, the court held that the IJ’s jurisdiction on remand from the BIA is limited only when the BIA expressly retains jurisdiction and qualifies or limits the scope of the remand to a specific purpose. (Fernandes v. Holder, 8/20/10)
BIA expressly retains jurisdiction and qualifies or limits the scope of the remand to a specific purpose
Related Posts
Circuit Court Strikes Down Matter of S-O-G- & F-D-B-
The Fourth Circuit Court of Appeals issued a ruling in Chavez Gonzalez v. Garland, which repealed Matter of S-O-G- & F-D-B-, holding that the Attorney…
DOJ Eliminates Trump-era Case Quotas for Immigration Judges
Justice Department is ending the use of case quotas for immigration judges that became a point of contention during the Trump administration for undercutting judges’…
EOIR Announces Appointment of 24 New Immigration Judges
EOIR announced the appointment of 24 new immigration judges, including four Assistant Chief Immigration Judges and two Unit Chief Immigration Judges. The memo provides a…
BIA Finds IJs and the Board Lack Authority to Recognize the Equitable Defense of Laches in Removal Proceedings
The BIA found the respondent did not submit sufficient objective evidence to support his fear of torture by the Rwandan government and that immigration judges…
AG Garland Gives Immigration Judges Back Authority to Administratively Close Cases
Attorney General (AG) Garland ruled that, while rulemaking proceeds and except when a court of appeals has held otherwise, immigration judges and the BIA should…