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OIL, May 2022
"...Remand decisions are made on a case-by-case basis, following a review of the individual facts, circumstances, and procedural posture of a particular case. The decision to seek an order from a court to remand a case is within the discretion of the Director of the OIL Appellate Section and will rest on one or more of the reasons set forth on the list below. This list does not create or confer any rights or benefits that may be invoked or relied upon by any individual or party in litigation with the United States or against any government agency or officer:
In addition to the foregoing reasons, OIL will consider remanding cases in order to facilitate exercises of prosecutorial discretion by DHS, or in other circumstances in which DHS believes that reopening of the case before the Board of Immigration Appeals is appropriate (e.g., cases in which a petitioner may have recently become eligible for adjustment of status or presents other equities such that DHS Immigration and Customs Enforcement would not oppose reopening by the Board). ..."