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Circuit Court Strikes Down Matter of S-O-G- & F-D-B-

Posted on November 3, 2021 by sethlerner1964

The Fourth Circuit Court of Appeals issued a ruling in Chavez Gonzalez v. Garland, which repealed Matter of S-O-G- & F-D-B-, holding that the Attorney General’s decision conflicted with the plain meaning of 8 CFR §§1003.10(b) and 1003.1(d)(1)(ii), and that IJs and the BIA possess the inherent authority to terminate removal proceedings.

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

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https://cbocalbos.wordpress.com/tag/4th-circuit/

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EOIR Announces Appointment of 24 New Immigration Judges

Posted on November 3, 2021 by sethlerner1964

EOIR announced the appointment of 24 new immigration judges, including four Assistant Chief Immigration Judges and two Unit Chief Immigration Judges. The memo provides a biography for each judge. They will join the newest BIA member, Appellate Immigration Judge Andrea Saenz.

https://www.justice.gov/eoir

https://atomic-temporary-10880024.wpcomstaging.com/tag/first-immigration-judge-to-join-eoir-in-2011/

https://cbocalbos.wordpress.com/tag/executive-office-for-immigration-review-eoir/

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BIA Finds IJs and the Board Lack Authority to Recognize the Equitable Defense of Laches in Removal Proceedings

Posted on August 18, 2021 by sethlerner1964

 The BIA found the respondent did not submit sufficient objective evidence to support his fear of torture by the Rwandan government and that immigration judges and the Board lack the authority to recognize the equitable defense of laches in removal proceedings.

https://www.justice.gov/eoir/board-of-immigration-appeals

https://cbocalbos.wordpress.com/tag/appeal-to-bia/

https://cbocalbos.wordpress.com/tag/motion-to-reopen-with-the-bia/

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BIA Remands for IJ to Determine Qualification for “Simple Possession” Exception

Posted on July 6, 2021 by sethlerner1964

The BIA sustained the appeal and remanded to allow the immigration judge (IJ) to evaluate if the respondent qualifies for the “simple possession” exception to §245(h)(2)(B) under the circumstance-specific approach.

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

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https://www.bia.gov/bia

Filed under: Anti-Drug Abuse Act (ADAA), BIA, bia decisions, Drug Conviction, drug offense | Tagged: , , | Leave a comment »

U.S. closes Trump-era office for victims of immigrant crime.

Posted on July 2, 2021 by sethlerner1964

Biden administration announced it has dismantled a Trump-era government office to help victims of crimes committed by immigrants. Trump created the Victim Of Immigration Crime Engagement Office (VOICE) by executive order during his first week in office in January 2017 in an effort to link immigrants to crime. ICE said it was replacing VOICE with a “more comprehensive and inclusive victim support system” called The Victims Engagement and Services Line.

https://cbocalbos.wordpress.com/tag/dhs/

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https://www.dhs.gov/victims-immigration-crime-engagement

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Biden administration official ends ‘Remain in Mexico’ asylum policy

Posted on July 2, 2021 by sethlerner1964

 The BIA ruled that a mere continuation of an activity in the United States that is substantially similar to the activity from which an initial claim of past persecution is alleged cannot establish changed circumstances under INA §208(a)(2)(D).

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

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https://www.uscis.gov/

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EOIR rescinds policy memo on case processing at the BIA.

Posted on April 22, 2021 by sethlerner1964

 EOIR issued a policy memo rescinding and cancelling Policy Memo 20-01, Case Processing at the Board of Immigration Appeals. Policy Memo 20-01 originally provided guidance on the case management system for appellate adjudications by the BIA and set internal deadlines for all phases of the pre-adjudicatory process at the BIA, including for case processing prior to completion of the appellate record. Now, upon this rescission, the BIA returns to the case management system established by regulation that was effective on September 25, 2002, to manage the Board’s caseload.

https://cbocalbos.wordpress.com/tag/bia/

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

https://californiaimmigration.us/bia-issues-two-crime-related-decisions/

https://cbocalbos.wordpress.com/tag/appeal-to-bia/

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Ninth Circuit Vacates and Remands BIA’s Decision in Matter of E—R—A—L—

Posted on January 14, 2021 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

9th Circuit Court

The Ninth Circuit issued an order granting the petitioner’s unopposed motion to vacate the BIA’s decision in Matter of E—R—A—L—, which pertains to establishing a particular social group based on landownership, and granted the government’s motion to remand to the BIA for further proceedings.

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BIA Rules IJ Should Enter In Absentia Order of Removal if Individual Returned to Mexico Under MPP Fails to Appear for Hearing

Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

In Matter of Rodriguez, the BIA ruled that if DHS returns an individual to Mexico to await an immigration hearing pursuant to the Migrant Protection Protocols (MPP) and provides sufficient notice of that hearing, an immigration judge should enter an in absentia order of removal if the individual fails to appear for the hearing. Visit our featured issue page for more information on the MPP and tent courts.

BIA

BIA meaning

Appeal to BIA

BIA deference given to particulary serious crime

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The BIA held in a precedent decision issued

Posted on October 3, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

In a case before the BIA on remand from the Ninth Circuit for further clarification of portions of the agency’s April 2011 decision in Matter of D-R-, the BIA held in a precedent decision issued today that a misrepresentation is material under INA §212(a)(6)(C)(i) when it tends to shut off a line of inquiry that is relevant to a non citizen’s admissibility and that would predictably have disclosed other facts relevant to eligibility for a visa, other documentation, or admission to the United States. The BIA further held that in determining whether a noncitizen assisted or otherwise participated in extrajudicial killing, an adjudicator should consider (1) the nexus between the noncitizen’s role, acts, or inaction and the extrajudicial killing and (2) scienter, meaning his or her prior or contemporaneous knowledge of the killing.

BIA rules on expert testimony and factual findings

Board of immigration appeals

Motion to reopen with the BIA

BIA remands case back to USCIS

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