Pinto, et al. v. Holder, Jr., No. 06-73369 (9th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of Guatemala, petitioned for review of the BIA's decision denying asylum, withholding of removal, and protection under the Convention Against Torture (CAT) but remanding the case to the IJ for voluntary departure proceedings. At issue was whether the BIA's decision was a final order and whether the Supreme Court's decision in Dada v. Mukasey, or the promulgation of a new voluntary departure regulation that became effective on January 20, 2009, deprived the court of jurisdiction. The court held that its precedent compelled the conclusion that the BIA's decision was a final order of removal. The court also held that because neither Dada nor the new voluntary departure regulation undermined the court's precedent, the court had jurisdiction over the petition for review and could review the merits of the petition.
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