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Immigration Law

Non-Retroactivity of BIA Precedent Decisions: De Niz Robles v. Lynch and other Recent Rulings - David A. Isaacson

David A. Isaacson, Oct. 26, 2015 - "Earlier this year, in Zombie Precedents, the Sequel, I discussed how the Second Circuit’s April 2015 decision in Lugo v. Holder exemplified a better way of dealing with precedent decisions that had been overturned by a court.  As I noted in that blog post, the Second Circuit remanded Lugo to the BIA not only to deal with the issue raised by the overturned precedent, but also to deal with a related question regarding the retroactivity of the BIA’s decision in Matter of Robles-Urrea.  In that regard, the Second Circuit’s decision in Lugo forms part of an interesting trend regarding limits on the retroactivity of BIA decisions, most recently exemplified by the Tenth Circuit’s decision last week in De Niz Robles v. Lynch. ... "