United States Tenth Circuit

For purposes of appellate jurisdiction under 8 U.S.C. section 1252(a)(1) and section 1101(a)(47)(A): 1) an immigration judge must first either issue an order of removal or make a finding of deportability to confer the circuit court with appellate jurisdiction; and 2) the BIA does not have the independent statutory authority to issue an order of removal in the first instance.

Appellate Information

• Decided 05/01/2007
• Published 05/02/2007

Judges

• TYMKOVICH, Circuit Judge., Before O'BRIEN, EBEL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Laura L. Lichter, Lichter & Associates, P.C., Denver, CO, for Petitioner.


• For Appellees:
  
• Jennifer L. Lightbody, Attorney (Stephen J. Flynn, Senior Litigation Counsel, with her on the briefs) Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, for Respondent.