BIA Goofed And Affirmed A Rescinded Order

In the not-precedential case of Mufulu v. Gonzales, No. 05-2018 (3d Cir. June 15, 2006) (not precedential), the BIA made the sloppy mistake of affirming an IJ's rescinded order and ignoring the IJ's order that was being appealed. In the case, Judge Ferlise initially ordered the immigrant deported in April 2002 because nobody showed up, but rescinded his order because the immigrant did not receive proper notice of the hearing. Judge Ferlise held a full hearing on September 2002 and ordered the immigrant deported for a variety of reasons. The immigrant appealed and the BIA affirmed by relying on the rescinded April 2002 order, ignoring the actual order being appealed. The Third Circuit, naturally, overturned the BIA's decision and remanded the case for the BIA to focus on the September 2002 order being appealed from.