Remand Rule

Gonzales v. Tchoukhrova, 549 U.S. 801 (2006)

• In a summary order dated April 17, 2006, the Supreme Court vacated the Ninth Circuit’s decision and remanded the case “for further consideration in light of Gonzales v. Thomas, 547 U.S. ___ (2006).” In Thomas, the Court held that the Ninth Circuit should have applied the “ordinary remand rule,” and remanded the case to the BIA for further analysis.
• The Court’s ruling in Tchoukhrova indicates that the Ninth Circuit erred by reaching issues that the BIA had not ruled on in the first instance.