12/07/2012 09:44:39 AM EST
After CA5 Published Remand, BIA Reopens 1988 Deportation Case
"The respondent in this case was ordered deported in absentia on September 29, 1988. The Board dismissed his appeal of an Immigration Judge's denial of his motion to reopen those proceedings on September 28, 2009. On May 12, 2010, the Board denied a motion filed by the respondent seeking to reconsider that decision. The matter is now before us pursuant to the January 9, 2012, decision of the United States Court of Appeals for the Fifth Circuit. Rodriguez-Manzano v. Holder, 666 F.3d 948 (5th Cir. 2012). The Court found that the Board had erred in requiring that the respondent demonstrate that he exercised due diligence in pursuing his claim that former counsel had afforded him ineffective assistance. On remand the Department of Homeland Security continues to oppose reopening, arguing that reopening should be denied in the exercise of discretion. Given the overall circumstances presented, including the decision of the Fifth Circuit, the respondent's deportation proceedings will be reopened and the record will be remanded to the Immigration Judge. On remand, the respondent should be given the opportunity to apply for any relief from deportation for which he may be eligible. Accordingly, the following order will be entered. ORDER: The decision of the Board dated May 12, 2010, is vacated, the deportation proceedings are reopened, and the record is remanded to the Immigration Judge for further proceedings consistent with this decision." - Matter of Rodriguez-Manzano, Nov. 28, 2012, unpub.
Hats off to Austin's own Stephen J. O'Connor!