Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

An immigration judge’s jurisdiction on remand from the Board of Immigration Appeals is limited only when the BIA expressly retains jurisdiction and qualifies or limits the scope of the remand to a specific purpose. An articulated purpose for the remand, without any express limit on scope, is not sufficient to limit the remand such that it forecloses consideration of other new claims or motions that the immigration judge deems appropriate or that are presented in accordance with relevant regulations. Immigration judge’s adverse credibility determination was supported by substantial evidence where witness testified credibly and consistently that he had prepared and falsified petitioner’s asylum application, as he had done for at least a hundred other clients, and petitioner, to rebut that evidence, relied only on his own testimony, which he eventually admitted was riddled with misrepresentations. Immigration judge’s finding that petitioner filed a frivolous application was supported by a preponderance of the evidence.
Fernandes v. Holder – filed August 20, 2010.

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