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CA4 on Adopted Children: Ojo v. Lynch

February 18, 2016 (1 min read)

Ojo v. Lynch, Feb. 16, 2016 - "Adebowale Oloyede Ojo, a native of Nigeria and the adopted son of a United States citizen, petitions for review of the decision of the Board of Immigration Appeals (the “BIA”) denying a motion to reopen his removal proceedings. In so ruling, the BIA relied on its administrative interpretation of a provision in the Immigration and Nationality Act (the “INA”) relating to adopted children, codified at 8 U.S.C. § 1101(b)(1)(E)(i). That provision is not ambiguous in the way asserted by the BIA, however, and thus does not contain a gap that Congress has left for the BIA to fill. Moreover, the BIA’s interpretation — which summarily disregards facially valid state court orders — is contrary to law. We therefore grant the petition for review, vacate the BIA’s decision, and remand for further proceedings."  [Hats off to Caleb Griffin!]

"Henry Caleb Griffin, who represents Ojo, told Law360 that the case is a “ray of hope,” but warned that onlookers shouldn’t overstate the impact of the decision.  “I’ve been hearing some people talk about how a lot of people who have adoption problems will now be able to get their citizenship. I want to say not necessarily — it depends on whether the family court judge believes the situation warrants a nunc pro tunc order,” Griffin said. “And it’s a pretty high standard.”"

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