United States Ninth Circuit

A petition by a Mexican national, seeking review of 8 C.F.R. section 208.31, claiming that the regulation is unlawful because it precludes him from applying for asylum, is dismissed for lack of jurisdiction, as where an alien pursues reasonable fear and withholding of removal proceedings following the reinstatement of a prior removal order, the reinstated removal order does not become final until the reasonable fear of persecution and withholding of removal proceedings are complete. Here, the Department of Homeland Security has not completed all proceedings that will determine whether or not petitioner will be removed.

Appellate Information

• Decided 08/27/2012
• Published 08/27/2012

Judges

• Murgula

Court

• United States Ninth Circuit

Counsel