United States Ninth Circuit

In a dispute involving the court's authority to review the merits of a decision of the BIA denying petitioner's application for asylum, withholding of removal, and protection under the CAT and remanding for voluntary departure proceedings, petition may be reviewed as a final order on its merits where the court has jurisdiction under 8 U.S.C. section 1252(a) because neither Dada nor the new voluntary departure regulation vitiates the jurisdictional holdings in Castrejon and Lolong.

Appellate Information

• Decided 08/12/2011
• Published 08/12/2011

Judges

• BYBEE

Court

• United States Ninth Circuit

Counsel