United States Ninth Circuit

In this matter heard en banc to clarify the issue of finality of decisions of the Board of Immigration Appeals (BIA), a new rule has been adopted when: 1) the BIA issues a decision that denies some claims but remands any other claims for relief to an Immigration Judge for further proceedings (i.e., a mixed decision); 2) the BIA decision is not a final order of removal with regard to any of the claims; and 3) it does not trigger the thirty-day window in which to file a petition for review.

Appellate Information

• Decided 12/15/2014
• Published 12/15/2014

Judges

• Kim

Court

• United States Ninth Circuit

Counsel