DOL, July 26, 2024 "On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the...
Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective...
Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge ...
This document is scheduled to be published in the Federal Register on 07/25/2024 "On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case...
Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to...
Garcia Rogel v. Garland (unpub.)
"Petitioner ... argues that even if the police report was properly admitted into evidence, the IJ erred by giving the report substantial weight, contrary to In re Arreguin de Rodriguez, 21 I. & N. Dec. 38 (B.I.A. 1995). ... We agree with Petitioner that the IJ in this case did not comply with Arreguin. Arreguin directs that arrest records that did not result in a conviction or are not corroborated should not be given “substantial weight” in the decisionmaking process. 21 I. & N. Dec. at 42; see Sorcia, 643 F.3d at 126 (“[I]nsofar as the BIA declined to give substantial weight to Sorcia’s charge, it was following, rather than contradicting, precedent.”). Although the BIA in Arreguin did not quantify the meaning of “substantial weight,” the term surely encompasses the dispositive weight that the IJ accorded the police report at issue here. ... Because the IJ did not comply with Arreguin, a single member of the BIA was not authorized to hear Petitioner’s appeal of the IJ’s decision. By default, an appeal to the BIA “shall be assigned to a single . . . member for disposition” unless it “meets the standards for assignment to a three-member panel under [8 C.F.R. § 1003.1(e)(6)].” 8 C.F.R. § 1003.1(e). But “if a case does meet the standard for adjudication by a three-member panel, a single member shall not decide it.” Quinteros-Mendoza v. Holder, 556 F.3d 159, 162–63 (4th Cir. 2009) (emphasis in original). One of those circumstances requiring review by a three member panel is when the IJ’s decision “is not in conformity with the law or with applicable precedents.” 8 C.F.R. § 1003.1(e)(6)(iii). Petitioner’s appeal of the IJ’s decision therefore should have been adjudicated by a three member panel of the BIA. ... In conclusion, we grant the petition for review so that the IJ may reconsider the police report in light of In re Arreguin de Rodriguez, 21 I. & N. Dec. 38 (B.I.A. 1995)."
[Hats off to Superlitigator Ben Winograd!]