Surinder Singh v. Loretta E. Lynch

We must decide whether we have jurisdiction over a petition for review of a Board of Immigration Appeals decision remanding to the Immigration Judge solely for voluntary departure proceedings.

I

On May 5, 2009, an Immigration Judge (IJ) denied Indian citizen Surinder Singh’s applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The IJ granted Singh voluntary departure with an alternate order of removal to India. Singh appealed the IJ’s decision to the Board of Immigration Appeals (BIA). On June 22, 2011, the BIA affirmed the denial of asylum, withholding of removal, and CAT relief, but remanded the case to the IJ “to provide all advisals required upon granting voluntary departure.” Singh did not file a petition to this court for review of the BIA order within 30 days of the June 2011 decision.

On remand, the IJ gave Singh the required advisals and again granted voluntary departure with an alternate order of removal to India. Singh again appealed the IJ’s decision to the BIA; he did not allege that the IJ had made errors of law or fact on remand. On November 29, 2012, the BIA summarily dismissed Singh’s second…