Wednesday, April 29, 2015

Removal Reinstatement Order Not Final While Other Proceedings Continue

una-Garcia v. Holder, 2015 WL 534839 (2/10/15) (unpub'd) - The 10th issues a ruling that essentially both parties wanted. The 10th holds that in immigration proceedings a removal reinstatement order is not final until ongoing reasonable fear proceedings are complete. Ms. Luna-Garcia appealed her removal order before immigration authorities finished deciding if she had a reasonable fear of returning to Guatemala. She was afraid she would lose her right to challenge the order if she waited for her reasonable fear proceedings to conclude. But the 10th held it had no jurisdiction to consider her case until the reasonable fear proceedings had concluded, due to the lack of finality.