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News Excerpts From the June 15, 2015, Bender’s Immigration Bulletin

Supreme Court Reverses 8th Circuit in Mellouli Case | By a 7-2 vote, the U.S. Supreme Court ruled for the noncitizen in Mellouli v. Lynch , reversing the Eighth Circuit. The decision is summarized at page 641 [ enhanced opinion available to lexis.com subscribers ] [ lexis.com subscribers may access...

EOIR Interim Rule: BIA Expands to 17 Members

"This rule amends the Department of Justice regulations relating to the organization of the Board of Immigration Appeals (Board) by adding two Board member positions, thereby expanding the Board to 17 members. ... This rule is effective June 3, 2015." - Federal Register / Vol. 80, No. 106 ...

BIA on Family Unity, 'Admission' - Matter of Fajardo Espinoza

Official Headnote : A grant of Family Unity Program benefits does not constitute an “admission” to the United States under section 101(a)(13)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(A) (2012), for purposes of establishing that an alien has accrued the requisite...

Unpub. BIA Asylum Remand Victory; China

"Upon our de novo review, we will reverse the Immigration Judge's conclusion that the harm the lead respondent experienced does not rise to the level of persecution. ... We will remand for the Immigration Judge to allow the Department of Homeland Security (DHS) an opportunity to rebut the presumption...

Groundbreaking Unpub. BIA Decision for Juveniles and SIJS in Georgia

Charles Kuck writes - "On June 1, 2015, Kuck Immigration Partners, through our amazing associate attorney Anna Erwin , received a groundbreaking (but as of yet unpublished) decision from the Board of Immigration Appeals . The Board reversed the decision of the Atlanta Immigration Judge to deport...

BIA on Competency, Asylum - Matter of J-R-R-A-

OFFICIAL HEADNOTE : If an applicant for asylum has competency issues that affect the reliability of his testimony, the Immigration Judge should, as a safeguard, generally accept his fear of harm as subjectively genuine based on the applicant’s perception of events. - Matter of J-R-R-A-, 26 I&N...

CBP Claims 3-Year-Old Came to U.S. 'To Look for Work'

"Last summer, at a United States Border Patrol station along the U.S.-Mexico border, a parade of Border Patrol agents interviewed Y-F-. Addressing Y-F- directly in Spanish, a government agent told Y-F- that "I am an officer of the United States Department of Homeland Security." He informed...

BIA Limits Koloamatangi: Matter of Pena

OFFICIAL HEADNOTE: An alien returning to the United States who has been granted lawful permanent resident status cannot be regarded as seeking an admission and may not be charged with inadmissibility under section 212(a) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a) (2012), if he or...

IRAC Releases June 2015 Update to Index of Unpublished BIA Decisions

"The Immigrant & Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2015 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through June 11, 2015. Among other newly added cases, the Index now contains decisions: •...

CA7 on Burden of Proof: Hernandez Lara v. Lynch

"Hernandez testified at the removal hearing that he had entered his marriage in good faith and the government offered no evidence to the contrary. Without making a credibility finding, the immigration judge determined that Hernandez’s marriage was not bona fide and ordered him removed. The...

BIA on Attorney Discipline: Matter of P. Singh

Official Headnote: An attorney who admitted to engaging in conduct prejudicial to the administration of justice by enlisting his legal assistant to impersonate him during multiple telephonic appearances before Immigration Judges was appropriately suspended from practice before the Immigration Courts...

News Excerpts From The July 15, 2015, Bender’s Immigration Bulletin

BIA Will Solicit Amicus Briefs | On June 19, 2015, the Executive Office for Immigration Review announced that the Board of Immigration Appeals has launched a one-year pilot program to solicit amicus briefs from interested parties. The Board will post invitations on a public website that describes...

BIA on Adoption: Matter of R. Huang, 26 I&N Dec. 627 (BIA 2015)

Official Headnote: The beneficiary of a visa petition who was adopted pursuant to a State court order that was entered when the beneficiary was more than 16 years old, but with an effective date prior to his or her 16th birthday, may qualify as an adopted child under section 101(b)(1)(E)(i) of the Immigration...

Mata v. Lynch: The 5th Circuit Can't Sidestep Jurisdiction To Avoid Review of BIA Denial of Late Motion to Reopen Based on Ineffective Assistance of Counsel

By Jill Apa | The issue in Mata v. Lynch is whether circuit courts can review a BIA decision denying a late motion to reopen removal proceedings based on an allegation of ineffective assistance of counsel. The Fifth Circuit had said no, disagreeing with all the other circuits that had addressed that...

BIA Will No Longer Solicit Amicus Briefs From FAIR

"The federal board charged with reviewing immigration court appeals will no longer request legal briefs from an anti-immigrant hate group to consider in its rulings – a decision that comes shortly after the SPLC and other groups urged the board to stop providing this platform to the Federation...

BIA on 'Stop-Time Rule' - Matter of Ordaz-Gonzalez

Official Headnote : A notice to appear that was served on an alien but never resulted in the commencement of removal proceedings does not have “stop-time” effect for purposes of establishing eligibility for cancellation of removal pursuant to section 240A(d)(1) of the Immigration and Nationality...

Unpub. BIA Termination (Interlocutory Appeal!) Victory - Matter of Hernandez

"We will entertain this appeal and vacate the Immigration Judge's order insofar as that order denied the parties' joint motion to terminate the proceedings. The Immigration Judge correctly stated that he is required to adjudicate a motion to terminate on the record and pursuant to the regulations...

BIA on Jurisdiction, Biometrics Advisory: Matter of D-M-C-P-, 26 I&N Dec. 644 (BIA 2015)

Official Headnotes: (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...

Unpub. BIA Cancellation Victory, Charlotte, NC

Disha Chandiramani writes: "[ Here is a] decision I received from the Board reversing an IJ in North Carolina and granting Non-LPR Cancellation of Removal. The IJ initially denied cancellation. The respondent appealed and the Board remanded to the IJ for reconsideration and for a decision on whether...

IRAC Releases August 2015 Update to Index of Unpublished BIA Decisions

"The Immigrant & Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2015 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through August 11, 2015. Among other newly added cases, the Index now contains decisions: •...

Mellouli Update - Kevin Johnson

The “sock removal” case continues: Mellouli v. Lynch and compliance with the Court’s mandate "Last June, the U.S. Supreme Court provided Moones Mellouli, a lawful permanent resident who had been ordered removed from the United States, with a victory in his efforts to reverse...

BIA on Asylum, Credibility, Time Bar: Matter of M-A-F-, 26 I&N Dec. 651 (BIA 2015)

Official Headnotes : (1) Where an applicant has filed an asylum application before the May 11, 2005, effective date of the REAL ID Act of 2005, Division B of Pub. L. No. 109-13, 119 Stat. 302, and, on or after that date, submitted a subsequent application that is properly viewed as a new application...

Supreme Court: Mellouli On Hold

"Moones Mellouli, a Tunisian who had been living legally in the United States until he was deported for a minor drug crime, won one appeal to the Supreme Court this past June and on Friday moved into position potentially to win another. The Justices, in a brief order , put off any further government...

BIA Amicus Invitation re Jeune v. A.G. (CA3 2007)(Due Sept. 25, 2015)

Amicus Invitation No. 15-08-26 AMICUS INVITATION (Jeune v. Att’y Gen. of the U.S., 476 F.3d 199 (3d Cir. 2007)), DUE SEPTEMBER 25, 2015 AUGUST 26, 2015: The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issues: ...

News Excerpts From the Sept. 15, 2015, Bender’s Immigration Bulletin

BIA Seeks Amicus Briefs on Effect of Moncrieffe on 3rd Circuit Case | On August 26, 2015, the BIA issued a notice requesting amicus briefs regarding whether Jeune v. Attorney General of the United States , 476 F.3d 199 (3d Cir. 2007) [ enhanced opinion available to lexis.com subscribers | Lexis Advance...