Ayala v. Sessions

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The Ninth Circuit granted a petition for review and remanded for further proceedings, holding that it had jurisdiction over petitions for review of reasonable fear determinations made in connection with the reinstatement of expedited removal orders; the BIA's dismissal of petitioner's appeal for lack of jurisdiction was the final order of removal; and therefore, the petition for review was timely because it was filed less than 30 days after that order. The Ninth Circuit also held that the IJ abused his discretion in denying petitioner's motion to reopen and reconsider; contrary to the IJ's holding, the court's precedents make clear that economic extortion on the basis of a protected characteristic can constitute persecution; and the IJ failed to consider the question of petitioner's family ties. View "Ayala v. Sessions" on Justia Law