Seventh Circuit finds that BIA does not have Authority to Issue Removal Order in the First Instance

The Seventh Circuit has determined that the Board of Immigration Appeals does not have the authority to issue a removal order in the first instance.  Thus, where the Immigration Judge determined that the petitioner was not removable, and the Board disagreed, the entry of a removal order by the Board was ultra vires.

The full text of Mejia Galindo v. Sessions can be found here: 

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D07-31/C:17-1253:J:Sykes:aut:T:fnOp:N:2195397:S:0