CA1 on asylum, social group, Peru: Castañeda-Castillo v. Holder (Castañeda V)

CA1 on asylum, social group, Peru: Castañeda-Castillo v. Holder (Castañeda V)

"Before this court is a motion for final judgment filed by Petitioners David Eduardo Castañeda-Castillo ("Castañeda"), his wife, and his daughter. We grant this motion over the government's objection. With this judgment, this court brings to an end a case that has been pending for over eighteen years. ... On February 6, 2012, the IJ granted asylum to Castañeda and his family. The government has not appealed this decision, and it is now administratively final. However, the government presents us with one more wrinkle: it claims that we lack the authority to issue a final judgment. We reject this argument. When we remanded this case to the BIA in Castañeda IV, we explicitly retained jurisdiction for the express purpose of ensuring a speedy resolution to this case. 638 F.3d at 363-64. The appropriate course for this court, therefore, is to issue a final judgment closing the case. Given that all factual and legal issues relating to Petitioners' eligibility for asylum have now been resolved in their favor by the administrative agency, the petition for review over which we retained jurisdiction in Castañeda IV is hereby dismissed as moot, and the Clerk of Court is directed to issue final judgment. In reaching this disposition, we take no position on the deadline for filing, or potential merit of, an application for attorneys' fees under the Equal Access to Justice Act. It is so ordered." - Castañeda-Castillo v. Holder (Castañeda V), Apr. 12, 2012.  [Hats way off to Petitioner's counsel, the Hon. William P. Joyce!]

Hon. William P. Joyce