Legal Opinion

Sama Abdisalan v. Eric Holder, Jr.

Court of Appeals for the Ninth Circuit

Decided January 6, 2015No. 10-73215, 11-71124PublishedCited by 50 opinions

1Opinion of the Court

OPINION

WARDLAW, Circuit Judge:

When does an order of removal become “final” for the purpose of seeking judicial review? Panels of our court have reached varying conclusions, creating unnecessary confusion as to the timeliness of petitions for review and our jurisdiction to entertain them. We reheard this matter en banc to clarify the issue of finality of the Board of Immigration Appeals’ (“BIA”) decisions. Today, we adopt a straightforward rule: when the Board of Immigration Appeals issues a decision that denies some claims but remands any other claims for relief to an Immigration Judge (“IJ”)…

2Cases cited33 opinions

  1. Bennett v. SpearSupreme Court of the United States · 1997
  2. Stone v. Immigration & Naturalization ServiceSupreme Court of the United States · 1995
  3. Immigration & Naturalization Service v. DohertySupreme Court of the United States · 1992
  4. Immigration & Naturalization Service v. Aguirre-AguirreSupreme Court of the United States · 1999
  5. Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp.Supreme Court of the United States · 1948

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3Cited by50 opinions

  1. Padilla-Ramirez v. BibleCourt of Appeals for the Ninth Circuit · 2017
  2. Luna-Garcia v. HolderCourt of Appeals for the Tenth Circuit · 2015
  3. Sesay v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2015
  4. Elton Mendoza Rizo v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
  5. Cyrille Kouambo v. William BarrCourt of Appeals for the Fourth Circuit · 2019

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