Tuesday, October 3, 2023
By Immigration Prof
Rae Ann Varona (Listen to article) for Law360 reports that the U.S. Supreme Court yesterday revived a Mexican citizen's immigration appeal. The Fifth Circuit had dismissed Jorge Armando Ayala Chapa's request to overturn a Board of Immigration Appeals decision not to cancel his removal, ruling that it lacked jurisdiction to review discretionary decisions by the BIA. The Supreme Court vacated the ruling and remanded the case for consideration in light of last Term's ruling in Santos-Zacaria v. Garland, which found that the Immigration and Nationality Act did not preclude the circuit court's authority to hear a challenge to a BIA ruling.
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