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Immigration Law

CA6 on venue, firm resettlement: Thiam v. Holder

"In reviewing the immigration judge’s decision, the BIA applied Fourth Circuit law because the final immigration court hearing was physically held in Virginia, and accordingly the BIA did not consider whether Thiam was firmly resettled under this court’s case law. Nor did the BIA apply its own four-step framework for such determinations. Further review by the BIA is therefore necessary. We decline to transfer Thiam’s case to the Fourth Circuit, because such an action would not be in the interest of justice on the facts of this case." - Thiam v. Holder, Apr. 30, 2012.