Lopez v. Gonzales, ___ F.3d ___ (7th Cir. Oct. 26, 2005) (where the BIA summarily affirms IJ decision based on both statutory and discretionary grounds, remand to BIA is appropriate to determine whether affirmation was based upon statutory interpretation or discretion, in order to determine whether court has jurisdiction to review), following Lanza v. Ashcroft, 389 F.3d 917, 919-20, 932 (9th Cir. 2004); Zhu v. Ashcroft, 382 F.3d 521, 527 (5th Cir. 2004) ; Haoud v. Ashcroft, 350 F.3d 201, 206-08 (1st Cir. 2003). But see, Ekasinta v. Gonzales, 415 F.3d 1188, 1193-94 (10th Cir. 2005) (looking directly to IJ decision).

jurisdiction: 
Seventh Circuit

 

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