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Court Says INA §242(a)(2)(C)’s Jurisdictional Provision Does Not Apply Where Removal Order Is Based Solely on Unlawful Presence’

The Second Circuit held that INA §242(a)(2)(C)’s jurisdictional provision applies only to cases in which the immigration judge has found a petitioner removable based on covered criminal activity and does not apply where the petitioner’s order of removal is based solely on unlawful presence.

Court Holds IJs Gave Undue Weight to Asylum Seekers’ Omission of Facts

The Second Circuit granted the petitions for review after finding that immigration judges and the BIA erred by substantially relying on the fact that applicants for asylum and related relief testified during removal proceedings to certain details not included in their initial applications.12:37 AM