The Fifth Circuit has determined that a reinstatement order is not final for jurisdictional purposes until withholding of removal and Convention Against torture proceedings are completed.  The court also determined that when the Board of Immigration Appeals decides some issues but remands for background and security checks as to others, its decision is not final for purposes of judicial review.

The full text of Ponce-Osorio v. Johnson can be found here: 

http://www.ca5.uscourts.gov/opinions/pub/16/16-60085-CV0.pdf

Comment