Holguin-Mendoza v. Lynch

Respondent seeks dismissal of petitioner's petition for lack of jurisdiction, arguing that the decision of the BIA is not a final reviewable order. Alternatively, respondent argues that the petition should be dismissed for prudential reasons. The court found cases from its sister circuits persuasive and concluded that a BIA decision which resolves the merits of an appeal but remands for further proceedings as to voluntary departure is a final order of removal for purposes of judicial review. The court also concluded that the question of whether petitioner has a colorable due process claim is sufficient to allow her petition for review to go forward. Accordingly, the court denied respondent's opposed motion to dismiss the petition for lack of jurisdiction. View "Holguin-Mendoza v. Lynch" on Justia Law