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Keywords

jurisdictionregulationasylumjudicial review
jurisdictionappealregulationasylumjudicial review

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Kouambo v. Barr

Facts

Cyrille Nazaire Kouambo, a citizen of the Central African Republic, sought judicial review of a BIA order denying his asylum application. The BIA affirmed the Immigration Judge's (IJ) conclusion that Kouambo was statutorily precluded from seeking asylum due to having 'firmly resettled' in a third country before arriving in the U.S. However, the BIA remanded the case to the IJ for mandatory background checks without addressing the IJ's decision to grant withholding of removal. Kouambo fled to the U.S. after facing persecution in both the CAR and the Republic of Congo.

Petitioner Cyrille Nazaire Kouambo, a citizen of the Central African Republic ('CAR') seeks judicial review of an order of the Board of Immigration Appeals ('BIA') denying his application for asylum in the United States. In that order, issued July 9, 2018, the BIA affirmed the holding of an Immigration Judge ('IJ') that Kouambo was statutorily precluded from seeking asylum because he had 'firmly resettled' in a third country prior to arriving in the United States.

Issue

Whether the BIA's remand order constituted a 'final order of removal' subject to judicial review under 8 U.S.C. 1252.

Whether the BIA's July 9 remand order constitutes a 'final order of removal' subject to judicial review under 1252.

Rule

An order of removal becomes final upon a determination by the BIA affirming such order or the expiration of the period in which the alien is permitted to seek review. The BIA's remand order does not constitute a final order if it depends on the resolution of further issues.

An order of removal becomes final upon a determination by the Board of Immigration Appeals affirming such order or the expiration of the period in which the alien is permitted to seek review of such order by the Board of Immigration Appeals.

Analysis

The court determined that the BIA's remand order did not constitute a final order of removal because it required further proceedings to complete background checks. The INA's language and the BIA's regulations indicate that an order cannot be final if it is contingent upon additional administrative actions. The court emphasized the importance of having a single final order to avoid fragmented judicial review.

The court determined that the BIA's remand order did not constitute a final order of removal because it required further proceedings to complete background checks. The INA's language and the BIA's regulations indicate that an order cannot be final if it is contingent upon additional administrative actions.

Conclusion

The court dismissed Kouambo's petition for lack of jurisdiction, concluding that the BIA's remand order was not a final order of removal.

The court dismissed Kouambo's petition for lack of jurisdiction, concluding that the BIA's remand order was not a final order of removal.

Who won?

The government prevailed in the case because the court found that it lacked jurisdiction to review the BIA's remand order, which was not a final order of removal.

The government prevailed in the case because the court found that it lacked jurisdiction to review the BIA's remand order, which was not a final order of removal.

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