The Fourth Circuit has determined there is no jurisdiction for federal review when the Board of Immigration Appeals (Board) remands a case for background checks pursuant to a grant of withholding of removal. The petitioner’s asylum application was denied on firm resettlement grounds, but he was granted withholding of removal. He appealed to the Board, which affirmed the denial of asylum, and remanded for background checks. The petitioner appealed to the Fourth Circuit. Subsequently, the Immigration Judge again entered a removal order and granted withholding of removal, and the petitioner again appealed to the Board. That appeal remains pending.
The Fourth Circuit determined there was no final removal order at the time the petition for review was filed because the question of whether the petitioner was eligible for withholding of removal had yet to be answered and remained entirely contingent on the results of his background checks, dnd because the IJ retained authority on remand to reconsider any other issues presented by the case and grant appropriate relief.
The full text of Kouambo v. Barr can be found here: