Giraldo v. Holder

OPINION

SUHRHEINRICH, Circuit Judge.

Petitioner Dora Liliana Giraldo and her minor daughter (collectively Petitioners), seek review of the order of the Board of Immigration Appeals (“BIA”) vacating the immigration judge’s (“IJ”) order granting Petitioners withholding of removal. The Attorney General contends that because the BIA also remanded to the IJ to allow Giraldo to apply for voluntary departure, there is as yet no final order, such that we lack jurisdiction.

We conclude that we have jurisdiction, but decline to exercise it for prudential reasons.

I. Background

Petitioners illegally entered…