8th Circuit Says BIA Has Authority To Issue Orders Of Removal, Splits From 9th Circuit
In Solano-Chicas v. Gonzales, No. 04-3373/3755 (8th Cir. Mar. 17, 2006), the court parted with the 9th Circuit’s holding, and said that where the BIA reversed the IJ’s order granting cancellation of removal, the BIA had authority to issue orders of removal. The court also noted that it was troubled by the DHS’s apparent lack of candor.
http://www.ilw.com/immigdaily/cases/2006,0323-solano.pdf
KJ