BIA Rules It Is Inappropriate for the Board to Use Discretion to Reopen and Vacate an IJ’s Frivolousness Finding | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

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BIA Rules It Is Inappropriate for the Board to Use Discretion to Reopen and Vacate an IJ’s Frivolousness Finding

Posted on November 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The BIA ruled that, absent ineffective assistance of counsel or a showing undermining the validity and finality of the finding, it is inappropriate for the Board to exercise its discretion to reopen a case and vacate an immigration judge’s (IJ) frivolousness finding.

Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, ineffective assistance of councel, vacate ij rule |

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