United States Sixth Circuit

When the BIA rejects the underlying reason for an IJ's decision to deny voluntary departure under the INA, and then makes no determination of its own on the voluntary departure issue, the BIA has not exercised any discretion. Petition for review of a denial of claims for asylum and voluntary departure under the INA is denied in part and remanded for a ruling by the BIA on whether petitioner was entitled to voluntary departure.

Appellate Information

• Decided 12/04/2006
• Published 12/04/2006

Judges

• Before: MOORE and CLAY, Circuit Judges;  BELL, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Barry L. Frager, Frager Law Firm, Memphis, Tennessee, for Petitioner.  Allen P. Grunes, United States Department of Justice, Washington, D.C., for Respondent.