U.S. Third Circuit - The FindLaw 3rd Circuit Court of Appeals Opinion Summaries Blog

Lack of Jurisdiction to Review DHS's Termination of Asylum Status

Bhargava v. Attorney General, 08-3348, concerned an Indian citizen's petition for review of the BIA's affirmance of an IJ's denial of petitioner's motion to terminate removal proceedings and to certify his case to the BIA.  In denying the petition, the court held that the Board's affirmance of the IJ's decision finding that it lacked jurisdiction to review DHS's termination of petitioner's asylum status was not arbitrary or capricious or plainly erroneous or inconsistent with the regulation at issue.

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