Lee v Lynch

Lee petitioned for review of his removal order in the 5th Circuit. That court sua sponte transferred the case to the 10th circuit. The panel transferred the case back to the 5th Circuit. It held that 8 USC 1252 is a venue statute not a jurisdictional statue joining all circuit courts of appeal to consider the issue. It then held that Lee’s proceeding concluded in the 5th Circuit as the hearing was physically held in Texas and the government position that the docketing information determines venue is unpersuasive as the proceeding started and was completed in Texas and the provisions relied upon by the government deal with video conferencing not hearings where all parties are physically present. It finally held transfer was in the interests of justice as the petition was filed in the correct court, Lee’s attorney is in Texas and the key legal issues are controlled by 5th Circuit precedent.