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Court Remands to BIA Where Petitioners Incurred Legal Expenses in Reliance on Pre-Briones Law

The Ninth Circuit granted the petition for review and remanded to the BIA, holding that the petitioners could establish a legitimate reliance interest on pre-Briones law by showing that they incurred legal expenses pursuing adjustment of status during the 21-month period between Acosta v. Gonzales and Matter of Briones. Because the record did not reflect the amount of the expenses the petitioners incurred during the relevant period, the court remanded to the BIA with instructions to allow the petitioners to supplement the record, and to assess in the first instance under Garfias-Rodriguez v. Holder whether Briones may be applied retroactively in this case.
Brian D. • Now
Brian D. Lerner (blerner@californiaimmigration.us)

2 Responses

  1. Free Initial Consultation

    I need considerably more information in order to let you know what can or cannot be done in this matter. In order to receive a detailed consultation, you can call (562) 495-0554 or you can book the appointment at the following website:


    Once made, I will call you if it is a telephonic appointment, or I will see you in the office. I’m looking forward to helping you in the future and giving you the detailed consultation.


  2. GoodMorning! Atty. Brian, How can I change or is it still appear that I have filed yr 2010 re-petion by my late husband into Tourist for the purpose of visiting my long yr’s Not being w/ my children. Help me pls


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