Brion

MEMORANDUM **

On March 25, 1997, an immigration judge (IJ) found the petitioner, José Cor-rales Brion (Brion), to be deportable, but granted Brion a suspension of deportation, and declined to consider Brion’s applications for asylum, -withholding, and voluntary departure. On April 23, 1997, the Immigration and Naturalization Service (INS) appealed the IJ’s decision to the Board of Immigration Appeals (BIA). On July 30, 2001, the BIA reversed the IJ’s decision granting Brion a suspension of deportation, and remanded the case to the IJ for consideration of Brion’s applications for asylum, withholding, and voluntary departure. On August 29, 2001, Brion filed a petition for review of the BIA’s order in this court. Based on the administrative record, it is difficult to determine in detail the subsequent procedural history of the case, but it appears that the Brion’s deportation order did not become final until April 8, 2002. 1 What is clear, however, is that when Brion filed the present petition for review, neither the IJ nor the BIA had issued, and Brion was not subject to, a final order of deportation.

Section 106(a) of the Immigration and Nationality Act, 8 U.S.C. § 1105 (a)…