Filed: Aug. 10, 2015
Latest Update: Mar. 02, 2020
Summary: Selya and Lipez, Circuit Judges. Its contention that the Board of, Immigration Appeals (BIA) lacks jurisdiction to review the validity of a decision revoking a visa, petition may be true, but that contention misconstrues this court's mandate. See Bryson v., Shumway, 308 F.3d 79, 90-91 (1st Cir.
United States Court of Appeals
For the First Circuit
_____________________
No. 14-1279
JOEL NJOROGE MANGURIU
Petitioner
v.
LORETTA LYNCH, Attorney General
Respondent
__________________
Before
Howard, Chief Judge,
Selya and Lipez, Circuit Judges.
__________________
CORRECTED ORDER OF COURT*
Entered: August 10, 2015
The government's motion for reconsideration is denied. Its contention that the Board of
Immigration Appeals (BIA) lacks jurisdiction to review the validity of a decision revoking a visa
petition may be true, but that contention misconstrues this court's mandate. We explain briefly.
Because the government has raised a colorable claim of mootness and the facts relevant to
that claim are not presently in the administrative record, a remand is necessary so that the BIA,
either directly or through a further remand to the immigration judge, may gather any available
evidence relevant to the mootness inquiry (for example, whether the petitioner received actual
notice of the revocation, the nature of the relationship between the petitioner's successive attorneys,
and what, if any, steps the petitioner has taken since he learned of the revocation). See Bryson v.
Shumway,
308 F.3d 79, 90-91 (1st Cir. 2002); City of Waco v. EPA,
620 F.2d 84, 86-87 (5th Cir.
1980). Such a task is well within the BIA's jurisdiction. See, e.g., In re Neto, 25 I. & N. Dec. 169,
173 (B.I.A. 2010) (noting that despite lack of jurisdiction to adjudicate visa petitions, immigration
judges "may examine the underlying basis for a visa petition when such a determination bears on
the alien's admissibility").
*
Corrected Order is issued to reflect the correct case number.
By the Court:
/s/ Margaret Carter, Clerk
cc: Jaime Jasso
Stuart F. Delery
Carmel Aileen Morgan
LaTia N. Bing
Shelley Goad
Tim Ramnitz