Bermudez-Ariza v. Sessions

Bermudez-Ariza, a citizen of Colombia, alleges that he fled Colombia to escape persecution by the Fuerzas Armadas Revolucionarias de Colombia on account of his political opinions. He entered the United States illegally in 2002, and, in removal proceedings, applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The IJ initially denied all relief but, on subsequent remand from the BIA, reconsidered and granted asylum. The BIA vacated the IJ’s decision, holding that the IJ lacked jurisdiction to reconsider asylum on remand. The Ninth Circuit granted a petition for review and remanded to the BIA for consideration, on the merits, of the grant of asylum. For the BIA to retain jurisdiction when remanding to an IJ, it must expressly retain jurisdiction, and qualify or limit the scope of the remand. If the BIA fails to do either of those things, the scope of the remand is general and the IJ may reconsider any prior decisions, 8 C.F.R. 1003.23(b)(1). Because the BIA did not expressly retain jurisdiction when it remanded to the IJ in this case, the IJ had jurisdiction to reconsider his initial denial of Bermudez-Ariza’s application for asylum. View "Bermudez-Ariza v. Sessions" on Justia Law