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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.
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Filed under: bia decisions | Tagged: #bia, Appeal, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeal, Motion to Reopen with the BIA, order of removal | Leave a comment »
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.
Filed under: Immigration Attorney | Tagged: Appeal, BIA, board of immigration appeal, order of removal | Leave a comment »
Where petitioners sought review of a Board of Immigration Appeals decision denying their motion to reopen their removal proceedings, and some of the evidence they submitted was cumulative of evidence they had submitted during their hearing, while some was not, Court of Appeals had jurisdiction to review the BIA’s decision to the extent that it pertained to the noncumulative evidence, but lacked jurisdiction to review the decision as it pertained to the cumulative evidence, except to the extent that the petitioners raised a question of law regarding the treatment of that evidence. BIA did not abuse its discretion in concluding that petitioners’ daughter’s new medical condition, which allegedly required reconstructive surgery for a disfigurement on her external ear, did not warrant reopening, but BIA erred where it failed to exercise its discretion to consider or decline to consider petitioners’ supplemental brief and an attached exhibit relating to a new, allegedly precancerous medical condition allegedly incurred by one petitioner’s mother.
Filed under: BIA | Tagged: BIA, bia board of immigration appeals, board of immigration appeal, board of immigration appeals, Immigration Attorney, Immigration Lawyer | Leave a comment »
Ninth Circuit decisions and those of other circuits provided petitioner, who claimed that ineffective assistance of counsel occurred after a final order of removal had been entered, with fair notice and the ability to anticipate that the Board of Immigration Appeals might have jurisdiction over his claim. District court did not err in dismissing habeas corpus petition for failure to satisfy prudential requirement that petitioner exhaust administrative remedies. Singh v. Napolitano – filed August 23, 2010
Filed under: BIA | Tagged: BIA, bia board of immigration appeals, BIA Pro Bono Project, board immigration appeals, board of immigration appeal, board of immigration appeals, board of labor certification appeals, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
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