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Immigration Law

CA5 on Final Order: Holguin-Mendoza v. Lynch

Holguin-Mendoza v. Lynch, Aug. 25, 2016- "We find these cases to be persuasive authority and likewise conclude 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. We further conclude that the question of whether Hoguin-Mendoza has a colorable due process claim is sufficient to allow her petition for review to go forward. IT IS ORDERED that respondent’s opposed motion to dismiss the petition for review for lack of jurisdiction is DENIED."  [Hats off to Melissa Salazar!]