Sustaining DHS’s appeal in part and remanding the record to the immigration judge, the BIA ruled that in assessing whether to admit expert witness testimony, an immigration judge should consider whether it is sufficiently relevant and reliable and, if it is admitted, how much weight it should receive and how probative and persuasive it is.
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The BIA ruled that the absence of a checked alien classification box on a Notice to Appear (NTA) does not, by itself, render an NTA fatally deficient; preclude an immigration judge from exercising jurisdiction over removal proceedings; or terminate proceedings under the Migrant Protection Protocols.
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The Board of Immigration Appeals has issued a decision in Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020).
Headnotes:
(1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the health of a qualifying relative, an applicant needs to establish that the relative has a serious medical condition and, if he or she is accompanying the applicant to the country of removal, that adequate medical care for the claimed condition is not reasonably available in that country.
(2) The Immigration Judge properly determined that the respondent did not establish eligibility for cancellation of removal because he did not demonstrate that his qualifying relatives will experience hardship, including medical, economic, and emotional hardship, that rises to the level of exceptional and extremely unusual.
Read full decision at https:/
I don’t see how that changes anything
(1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the health of a qualifying relative, an applicant needs to establish that the relative has a serious medical condition and, if he or she is accompanying the applicant to the country of removal, that adequate medical care for the claimed condition is not reasonably available in that country.
(2) The Immigration Judge properly determined that the respondent did not establish eligibility for cancellation of removal because he did not demonstrate that his qualifying relatives will experience hardship, including medical, economic, and emotional hardship, that rises to the level of exceptional and extremely unusual.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, cancellation for removal, Extreme Hardship, Immigration Court | Leave a comment »
The BIA ruled that for determining the firm resettlement bar to asylum, a viable and available offer to apply for permanent residence in a country of refuge is not negated by an individual’s unwillingness to satisfy the terms of acceptance.
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The BIA found that where an individual has been convicted of violating a state drug statute that includes a controlled substance that is not on the federal controlled substances schedules, the individual must establish a realistic probability that the state would actually apply the language of the statute to prosecute conduct involving that substance in order to avoid the immigration consequences of such a conviction.
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The Eighth Circuit remanded for the BIA to explain why it denied the petitioner’s motion to reopen and reconsider after the petitioner had provided proof of his filing of a U visa application, when Matter of Sanchez-Sosa suggests that a completed application weighs in favor of pausing the removal process to await adjudication of the U visa.
Filed under: best deportation attorney | Tagged: 89th circuit, 8th circuit (above), BIA, board of immigration appeals, eighth circuit, Immigration Court | Leave a comment »
In a case of first impression, the Ninth Circuit held ineffective assistance certifications are committed to agency discretion by the plain language of 8 CFR §1003.1(c), which contains no standard or meaningful guidance sufficient for judicial review.
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Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, NTA, pererira, Stop-Time Rule | Leave a comment »
The Second Circuit found the BIA erred in applying the clear-error standard of review, instead of de novo, to the immigration judge’s denial of the petitioner’s application for a good-faith marriage waiver. The court also held the petitioner abandoned his abuse of discretion claim on the Motion to Reopen denial because he failed to adequately argue it in his brief.
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The BIA dismissed the appeal and upheld the immigration judge’s determination that the respondent did not show eligibility for protection under the Convention Against Torture (CAT) based on the conditions of mental health facilities in Mexico.
Filed under: best deportation attorney | Tagged: bi, board of immigration appeals, CAT, Convention Against Torture, Torture | Leave a comment »
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