Ali v. Atty. Gen. "All in all, the Board’s opinion in this case is a classic example of a decision that is incapable of review due to a lack of reasoned consideration. Its failure to discuss “highly relevant” evidence, see Min... Read More
Jeffrey S. Chase, July 5, 2019 "On July 2, the Department of Justice published final regulations impacting how decisions of immigration judges will be reviewed, both on appeal to the Board of Immigration Appeals and by certification to the Attorney... Read More
Former IJ Jeffrey S. Chase writes: "[ Here ] is a recent (May 20) grant of asylum by IJ Steve Morley in Philadelphia, who, you may remember, was the IJ who was targeted and had cases taken off his docket for refusing to order a minor respondent removed... Read More
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 "The Department of Justice (Department) is publishing this final rule (“final rule” or “rule”) to amend the regulations regarding the administrative review procedures... Read More
San Diego superstar Kathrin S. Mautino discovers hidden gems among "old" BIA cases that can help you solve today's knotty litigation problems. Listen to the audio here . Read More
Jeffrey S. Chase, June 7, 2019 "On May 31, the BIA published a precedent decision in Matters of Andrade Jaso and Carbajal Ayala . In that decision, Board Member Garry Malphrus (writing for a panel that included Hugh Mullane and Ellen Liebowitz... Read More
Amanda Gray writes: "I wanted to share this great withholding decision I received today. The BIA reversed [an IJ in] Salt Lake City in a detained withholding / CAT case (client is in Tacoma, WA in withholding only proceedings) on the grounds that... Read More
Matter of Thomas & Thompson, 27 I&N Dec. 556 (A.G. 2019) Pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer these cases to me for review of its decisions. The Board’s decisions... Read More
Nio v. DHS, May 22, 2019 "The question before the Court is whether the U.S. Department of Homeland Security (“DHS”) and its sub-agency U.S. Citizenship and Immigration Services (“USCIS”) acted lawfully when they instituted... Read More
27 I&N Dec. 546 (BIA 2019), Matter of PENA-MEJIA - Neither rescission of an in absentia order of removal nor termination of the proceedings is required where an alien did not appear at a scheduled hearing after being served with a notice to appear... Read More
Matter of Mendoza-Hernandez and Capula-Cortes, 27 I&N Dec. 520 (BIA 2019) Board En Banc: NEAL, Chairman; MALPHRUS, WENDTLAND, MULLANE, GREER, MANN, O’CONNOR, LIEBOWITZ, and KELLY, Board Members. Dissenting Opinion: GUENDELSBERGER, joined by... Read More
See attorney Matthew Hoppock's Twitter feed and his blog for the results of his FOIA requests revealing fascinating internal BIA documents. Read More
Tal Kopan, San Francisco Chronicle, Washington Bureau, Apr. 12, 2019 "Attorney General William Barr is making his first major moves on immigration policy since his confirmation, setting up big changes for the courts that decide whether immigrants... Read More
ballero-Martinez v. Barr "[W]e ask the BIA to explain its decision not to apply the Sanchez-Sosa factors to Caballero-Martinez’s remand request in its December analysis. In short, we ask the BIA to explain why it ultimately made no difference... Read More
AIC, Feb. 28, 2019 "In July and November of 2018, the American Immigration Council, along with the Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin Cardozo School of Law, filed two requests under the Freedom of Information Act (FOIA... Read More