Xu v. Garland

Summary

The First Circuit dismissed a petition for review of a Final Administrative Removal Order (FARO) for lack of jurisdiction, holding that DHS validly cancelled the FARO, leaving no final order of removal to review under 8 U.S.C. § 1252(a)(1). The court found that DHS had discretion to cancel the FARO under 8 C.F.R. § 103.5(a)(5)(i) and that the cancellation was favorable to the petitioner, even though she argued it was unfavorable. The court did not reach the merits of the petitioner's procedural due process challenges or her claim that her Massachusetts convictions for keeping a house of ill fame and money laundering did not qualify as aggravated felonies under 8 U.S.C. § 1101(a)(43)(K).

Holdings

1. The DHS validly cancelled the FARO, so no final order of removal exists, and the court lacks jurisdiction to review the petition.

Questions Presented

1. Whether the court has jurisdiction to review the FARO after DHS cancelled it.

Disposition

dismissed