Matter of Thakker, 28 I&N Dec. 843 (BIA 2024) (1) The assumption in Matter of Jurado that a retail theft offense involves an intent to permanently deprive a victim of their property is inconsistent...
USCIS, Sept. 19, 2024 "We have received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2025. Sept...
Lopez Orellana v. Garland "The question presented here is whether the Louisiana accessory-after-the-fact statute, LA.REV. STAT. § 14:25, is a categorical match for the generic federal offense...
USCIS, Sept. 18, 2024 "Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months...
Singh v. Garland "Petitioner Varinder Singh, a native and citizen of India, seeks rescission of a removal order entered in absentia. We previously granted Singh’s petition because the government...
"We are unable to meaningfully review the agency’s removability determination due to the BIA’s failure to consider material evidence—namely, Ahmed’s 1994 marriage certificate. ... The BIA makes no mention of Ahmed’s 1994 marriage certificate. Given that the removability determination was focused exclusively on whether Ahmed was married when he entered the United States in 1989, the BIA’s failure even to mention the 1994 marriage certificate compellingly suggests that the certificate was ignored. This failure to consider material evidence warrants remand because it has deprived us of the opportunity to provide meaningful judicial review. ...
Lastly, we conclude that the BIA erred by assessing the credibility of Ahmed’s testimony concerning his removability under the credibility provisions of the REAL ID Act... The REAL ID Act’s credibility standard, by its statutory terms, is limited to applications for relief. See 8 U.S.C. §§ 1158(b)(1)(B)(iii), 1229a(c)(4)(C)). The BIA explicitly cited to the REAL ID Act’s credibility provisions, however, in affirming the IJ’s removability determination, and it is unclear from our review of the IJ’s removability decision what credibility standard the IJ applied. The BIA on remand is therefore instructed to state with particularity the standard it applies when assessing the credibility of an individual who testifies on matters concerning his removability. [W]e GRANT the petition, VACATE the BIA’s order, AND REMAND to the BIA for further proceedings consistent with this opinion." - Ahmed v. Lynch, Oct. 19, 2015.
Hats off to Joshua Bardavid!