Juan Castillo v. Loretta E. Lynch

MEMORANDUM

Juan Daniel Castillo petitions for review of the Board of Immigration Appeals’(“BIA”) denial of Ms motion to reconsider its decision reversing the Immigration Judge’s (“IJ”) grant of a waiver of inadmissibility and remanding to the IJ for entry of a removal order.

We must first determine whether we have jurisdiction to consider the petition. Our jurisdiction is limited to review of a “final order of removal,” even where a constitutional claim or question of law is raised. 8 U.S.C. §§ 1252 (a)(1), (b)(9); Alcala v. Holder, 563 F.3d 1009, 1016 (9th Cir.2009).

In Abdisalan v. Holder, an en banc panel of this Court recently sought “to clarify the issue of finality of the [BIA’s] decisions” when the BIA remands to the IJ for further proceedings. 774 F.3d 517, 520 (9th Cir.2014) (en banc) (as amended). We concluded that “[w]hen the BIA remands to the IJ for any reason, no final order of removal exists until all administrative proceedings have concluded.” Id. at 526 .

Here, the BIA remanded to the IJ for entry of an order of removal. According to submissions from both parties, on remand the IJ entered an order of removal, petitioner appealed, and his case currently remains…