Valencia Martinez v. Sessions

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The Ninth Circuit granted a petition for review of the BIA's dismissal for lack of jurisdiction an appeal of an IJ's negative reasonable fear determination in reinstatement removal proceedings. The panel found that the final administrative order was the BIA's dismissal of petitioner's appeal and thus petitioner timely filed his petition for review within 30 day's of the BIA's decision. The panel also held that the government waived any challenge to the arguments raised by petitioner because the government did not offer any argument on the merits of this petition. Accordingly, the court remanded for further consideration. View "Valencia Martinez v. Sessions" on Justia Law