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Elizabeth P. Ward, Individually and As v. Eric H. Holder, Jr., Attorney General of the United States

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ARGUED NOVEMBER 4, 2010

Before BAUER, MANION and HAMILTON, Circuit Judges.

Petitioners seek review of a decision of the Board of Immigration Appeals (the “BIA”) upholding an immigration judge’s finding that they are removable from the United States under 8 U.S.C. § 1227(a)(1) and ineligible for cancellation of removal under 8 U.S.C. § 1154(a)(1)(A)(iii). Petitioners contend that a single member of the BIA issued an improper written opinion that went beyond the scope of an individual BIA member’s power to affirm, modify, or remand an immigration judge’s decision in a “brief order” pursuant to 8 C.F.R. § 1003.1(e)(5). This court’s jurisdiction over final orders of removal is governed by 8 U.S.C. § 1252. The written order issued by the BIA on March 31, 2010 constitutes a final order of removal under 8 C.F.R. § 1003.1(d)(7); therefore the case is properly before this court.

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