USCIS for New Entry Decision
When the Board of Immigration Appeals (BIA) remands a case to an immigration judge for further proceedings, there are often issues that may arise outside of the Board’s stated reason for remanding the case. In order to limit the immigration judge’s jurisdiction, the Board must retain jurisdiction over issues outside the scope of remand and expressly limit the scope of remand to the stated purpose for remand. Thus, if the Board states a purpose for remand but does not expressly limit the remand to that particular issue and retain jurisdiction over other issues, the immigration judge may properly consider other issues on remand.
