BIA: Respondent Entitled to File Under Sec. 240(c)(2) - Matter of Monjazar-Fernandez (unpub.)

"In this unpublished decision, the Board of Immigration Appeals (BIA) found that the underlying proceedings were fundamentally unfair where the respondent, who was charged with being present without having been admitted or paroled, presented a copy of the visa on which he entered the country, the government presented no evidence to contest his assertion, and the Immigration Judge failed to ask the government if it had any record of the respondent's admission. On remand, the Board stated that the respondent must receive an opportunity to obtain full access to his records under Section 240(c)(2) of the INA." - Courtesy of Ben Winograd, IRAC.

Hats off to Willem H. Bermel!