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The court reversed the decision of the IJ and BIA, holding that a conviction does not attain a sufficient degree of finality for immigration purposes until direct appellate review of the conviction has been exhausted or waived.
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The BIA found that the Supreme Court precedent in Vartelas v. Holder allowed for the IJ to consider 212(c) relief since the respondent’s sole conviction pre-dated the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and IIRIRA. http://ow.ly/sx6uJ
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The BIA found the respondent eligible for asylum, noting the compelling reasons respondent is unwilling to return to Senegal based on past female genital mutilation (FGM) irrespective of whether she has a well-founded fear of future persecution.
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BIA Finds IJ Confused Refugee and Asylum Rules in Derivative Claim http://ow.ly/s1Gut
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The BIA Overturned! The evidence was not properly considered http://ow.ly/rPiEQ
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The court found that the BIA had reviewed the immigration judge’s factual findings, used to grant the petitioner’s request to defer removal, under a de novo standard of review instead of under the required clearly erroneous standard.
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Video: Why the BIA’s 212(c) ruling did not stand up to muster at the U.S. Supreme Court – Avvo.com http://ping.fm/WTdGE
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The Supreme Court strikes down the BIA 212(c) ruling of ‘comparable ground of excludability’ – Avvo.com http://ping.fm/UYQKN
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Video: What is the legal basis the Supreme Court used to rule why the BIA’s 212(c) ruling was arbitrary – Avvo.com http://ping.fm/a43lH
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https://californiaimmigration.us/circuit-court-of-appeal-reverses-bia-denial-of-asylum/
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Video: The new Supreme Court case rules that the BIA rule under 212(c) is arbitrary and capricious – Avvo.com http://ping.fm/Z5966
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https://californiaimmigration.us/bia-rules-on-step-child/
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 