United States Ninth Circuit

In an immigration action, arising after an earlier in absentia removal order was issued for petitioner in California before her removal proceedings were completed in Georgia years later, the court held that: 1) the venue provision of 8 U.S.C. section 1252(b)(2) is not jurisdictional; 2) venue is proper in the Eleventh Circuit as removal proceedings were completed there; but 3) the government's motion to transfer venue is denied in the interest of justice, so as to conserve judicial resources. The case was remanded to the Board of Immigration Appeals to revisit the merits of petitioner's reasonable fear of persecution argument.

Appellate Information

• Published 2016/08/19

Judges

• PREGERSON

Court

• United States Ninth Circuit

Counsel