United States Ninth Circuit

Petition for review of a Board of Immigration Appeals' (BIA) decision following remand to an immigration judge for voluntary departure advisals is dismissed where: 1) applying Rizo v. Lynch, 810 F.3d 688 (9th Cir. 2016), the BIA's decision remanding for further proceedings as to voluntary departure did not affect the finality of an otherwise-final order of removal, and the IJ's decision as to the merits of petitioner's claims for relief became unreviewable upon expiration of the 30 day period to petition for review in this Court; and 2) because petitioner did not file a petition for review within that 30 day window, the Court lacked jurisdiction over the petition.

Appellate Information

• Published 2016/09/01

Judges

• PER CURIAM

Court

• United States Ninth Circuit

Counsel