Immigration Law

CA7 on BIA Authority, Final Order of Removal: Mejia Galindo v. Sessions

Mejia Galindo v. Sessions - "A final removal order is created in two steps. First, the immigration judge must conclude that the alien is removable. Id. § 1101(a)(47)(A). Second, the immigration judge’s removal order becomes “final” upon “a determination by the Board of Immigration Appeals affirming such order.” Id. § 1101(a)(47)(B). Here, the immigration judge never made the requisite finding of removability, so there is no final order of removal to review. ... Because the Board lacked the authority to issue a removal order in the first instance, we vacate and remand its ultra vires order."

[Hats off to Charles "Chuck" Roth and Michael Kimberly!]