Singh v. Lynch

The IJ granted petitioner, a citizen of India, voluntary departure with an alternate order of removal to India. The BIA affirmed the denial of asylum, withholding of removal, and CAT relief, but remanded the case to the IJ. Petitioner did not file a petition to this court for review of the BIA order within 30 days of the June 2011 decision. On remand, the IJ gave petitioner the required advisals and again granted voluntary departure with an alternate order of removal to India. Petitioner again appealed the IJ’s decision to the BIA. The BIA dismissed the second appeal, declined to reinstate voluntary departure, and ordered petitioner removed to India pursuant to the IJ’s alternate order. Because the BIA’s June 2011 decision remanding solely for voluntary departure proceedings is a “final order of removal,” the IJ’s order became unreviewable on July 23, 2011 upon expiration of the 30 day period to petition for review to this court. In light of Pinto v. Holder and consistent with the Sixth and Tenth Circuits, the court concluded that it lacks jurisdiction over petitioner's current petition. Accordingly, petitioner remains subject to immediate removal to India and the court dismissed the petition. View "Singh v. Lynch" on Justia Law