What happens when the Board of Immigration Appeals ignores the Seventh Circuit’s instructions on remand? Well, the Seventh Circuit gets angry and says things like:
“We have never before encountered defiance of a remand order, and we hope never to see it again.”
The Board is “lucky that [Petitioner] has not asked us to hold them in contempt, with all the consequences that possibility entails.”
While the Executive branch is free to argue in another case that the Court’s opinion was incorrect, it is “not free to disregard our mandate in the very case making the decision.”
Asking for another remand is “bizarre.” The Board had its chance to act and failed. So the legal questions are deemed “settled” and Petitioner gets his relief.