The Ninth Circuit has determined that when the Board of Immigration Appeals (BIA) dismisses the appeal of a negative reasonable fear determination by an Immigration Judge, even when the dismissal is on jurisdictional grounds, that decision qualifies as a final order of removal for appellate jurisdictional purposes.  As such, so long as the petition for review is filed within 30 days of the BIA's decision, the federal appeals court has jurisdiction to review the decision.

The full text of Martinez v. Sessions can be found here: