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.
Filed under: Immigration Attorney | Tagged: acosta, BIA, briones, garfias, retroactive |
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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
Myrisia
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