Seventh Circuit Notes Split Re Jurisdiction to Review BIA Determination to Use Streamlined Procedures

Gutnik v. Gonzales, --- F.3d ----, 2006 WL 3423144 (7th Cir. 2006):

Although the issue was discussed in Jarad v. Gonzales, 461 F.3d 867 (7th Cir.2006), we have yet to definitively determine whether we even have jurisdiction to review a BIA decision to commit an appeal to streamlined procedures. Other circuits have split on this question. Compare Kambolli v. Gonzales, 449 F.3d 454, 460-65 (2d Cir.2006) (no jurisdiction), and Tsegay v. Ashcroft, 386 F.3d 1347, 1353-58 (10th Cir.2004) (same), and Ngure v. Ashcroft, 367 F.3d 975, 983 (8th Cir.2004) (same), with Smriko, 387 F.3d at 290-95 (remanding case for three-member BIA panel review), and Chong Shin Chen v. Ashcroft, 378 F.3d 1081, 1086-88 (9th Cir.2004) (same), and Haoud v. Ashcroft, 350 F.3d 201, 206-08 (1st Cir.2003) (same).