Saturday, January 20, 2007

Circuit Courts May Hear Some Issues Not Raised To BIA

In Zhong v. Gonzales, No. 02-4882 (2d Cir. Jan. 17, 2007), the Second Circuit ruled that it has the power to rule on issues that were not raised to the BIA if the government does not object on appeal to the fact the issue was not raised before to the BIA. So, the circuit court has the ability to listen to that issue if it chooses (it isn't precluded on jurisdictional grounds). It also must listen to any issues raised to the IJ if the BIA summarily affirms the IJ's decision, even if those issues were not raised to the BIA. Good ideas for a petition for review...


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