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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.

Petitioner could present the error to the BIA

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.

BIA

Board of immigration appeals

Appeal to BIA

BIA decisions

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.

The court found that the IJ’s determination based on conduct stretching many years and leading up to the hearing was permissible

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.

Immigration office

Immigration services

Immigration attorney

Immigration Law Firm

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.

https://atomic-temporary-10880024.wpcomstaging.com/tag/i-751/

https://atomic-temporary-10880024.wpcomstaging.com/tag/i-751-hardship-waiver/

https://atomic-temporary-10880024.wpcomstaging.com/tag/bia-2/

https://californiaimmigration.us/clients-i-751-conditional-residence-approved-after-5-years/