Giraldo v. Holder, No. 09-4445 (6th Cir. 2011)
Annotate this CasePetitioner and her daughter illegally entered the U.S. in 2002, from Colombia. They applied for asylum in 2006 and sought withholding of removal and relief under the Convention Against Torture. An Immigration Judge denied the application for asylum as untimely and declined to withhold removal under CAT for lack of proof. The IJ found both petitioners removable under 8 U.S.C. 1182(a)(6)(A)(i), ordered that the be removed to any country other than Colombia. The Department of Homeland Security appealed and the BIA concluded that petitioners failed to establish a clear probability of future persecution in Colombia on account of political opinion and remanded to the IJ for the sole purpose of allowing petitioners to apply for voluntary departure. The Sixth Circuit first held that it had jurisdiction to review the BIA order denying withholding of removal, but declined to exercise that jurisdiction for prudential reasons.
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