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BIA Issues good case

Matter of D-M-C-P, 26 I&N Dec. 644 (BIA 2015)

(1) Neither an Immigration Judge nor the Board of Immigration Appeals has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program.

(2) It is improper to deem an application for relief abandoned based on the applicant’s failure to comply with the biometrics filing requirement where the record does not reflect that the applicant received notification advisories concerning that requirement, was given a deadline for submitting the biometrics, and was advised of the consequences of his or her failure to comply.

BIA Holds IJs Can Grant Opposed Motion for Administrative Closure

DHS press release outlining Obama administration reforms that would help attract new businesses investment to the U.S. and ensure that the U.S. has the most skilled workforce in the world, including the commitment to attracting and retaining highly-skilled immigrants.

CA1 Upholds Denial of I-751 Hardship Waiver

The court upheld the IJ’s adverse credibility determination and conclusion that Petitioner’s marriage was not entered into in good faith where petitioner and his ex-wife gave vastly divergent descriptions of their wedding day.

CA3 Finds IJ Failed to Act as Neutral Arbiter; Reverses Adverse Credibility

The court found that Petitioner’s due process rights were violated when government counsel was unprepared at the merits hearing and the IJ took over cross-examination and ceased functioning as a neutral arbiter.

CA6 Stays Appeal Upon Discovery of Translation Error

The court found that a translation error in a medical document corroborating Petitioner’s injuries contributed significantly to the IJ’s adverse credibility finding, and stayed the appeal so that Petitioner could present the error to the BIA.

CA9 Refuses to Place Time Limitation on GMC for Registry

Though the registry statute, INA §249, does not specify a time period for good moral character, the court found that the IJ’s determination based on conduct stretching many years and leading up to the hearing was permissible.

BIA Says IJ Scope of I-751 Review Is Not Limited to Evidence Submitted to DHS

The BIA held that the IJ should consider new evidence submitted in support of a renewed I-751 with a waiver of the joint filing requirement regardless of whether the evidence was previously considered by DHS.

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