Background
Ganbold Banzragch petitioned the Federal Circuit to review an order of the Board of Immigration Appeals. The court noted that its jurisdiction is limited and does not include immigration appeals.
The court’s reasoning
The court explained that petitions for review of orders of the Board shall be filed with the court of appeals for the judicial circuit in which the immigration judge completed the proceedings. Based on the limited record, the removal proceedings appear to have occurred in California. Therefore, the court transferred the petition to the United States Court of Appeals for the Ninth Circuit pursuant to Section sixteen thirty-one of Title twenty-eight of the United States Code.
What it means going forward
The petition for review is now pending before the United States Court of Appeals for the Ninth Circuit.
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