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application for admission

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Second Circuit Addresses Effect of Withdrawal of Application for Admission

The Second Circuit has determined that it has no jurisdiction to review the discretionary determination to permit a non-citizen to withdraw their application for admission in removal proceedings, unless the petitioner raises a legal or constitutional question in the appeal. The court also remanded the case for the Board of Immigration Appeals to decide if the Immigration Judge’s finding that the petitioner was inadmissible has any legal effect given the subsequent withdrawal of his application for admission.

The full text of Juras v. Garland can be found here:

https://www.ca2.uscourts.gov/decisions/isysquery/b245cc56-8960-49b4-b3a0-6f511c438894/9/doc/19-3001_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/b245cc56-8960-49b4-b3a0-6f511c438894/9/hilite/

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