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Removal or deportation hearings
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An alien is not independently “grandfathered†for purposes of adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. 1255(i) (2006), simply by virtue of marriage to another alien who is “grandfathered†under section 245(i) as the result of having been a derivative beneficiary of a visa petition.
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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.
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Where petitioner commenced formal removal proceedings and applied for cancellation of removal–but left the country and then tried to reenter, leading to his removal under an expedited removal order–the court of appeals lacked jurisdiction to review an order of the Board of Immigration Appeals dismissing his appeal of an immigration judge’s decision terminating his formal removal proceedings because the decisions of the BIA and the immigration judge resulted in no final order of removal.
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