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

The Fourth Circuit Court of Appeals issued a ruling in Chavez Gonzalez v. Garland, which repealed Matter of S-O-G- & F-D-B-, holding that the Attorney General’s decision conflicted with the plain meaning of 8 CFR §§1003.10(b) and 1003.1(d)(1)(ii), and that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

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

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

EOIR Announces Appointment of 24 New Immigration Judges

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/

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

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

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/

https://cbocalbos.wordpress.com/tag/bia-pro-bono-project/

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

https://www.bia.gov/bia

BIA Rules on Adverse Credibility Findings Based on Fraudulent Documents

The BIA found that immigration judges may find a document to be fraudulent without forensic analysis if it contains obvious defects or readily identifiable hallmarks of fraud and the party submitting the document is given an opportunity to explain the defects.

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

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

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

https://californiaimmigration.us/bia-deference-given-to-particulary-serious-crime/

BIA´s decision

The Second Circuit held that the BIA’s decision declining to certify the petitioner’s untimely appeal of his removal order was a discretionary determination and, accordingly, was not subject to judicial review.

Board of immigration appeals

The IJ and BIA

BIA Pro Bono project

The Law Offices of Brian D. Lerner