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CA5 TVPRA Victory: Velasquez-Castillo v. Garland

January 18, 2024 (1 min read)

Velasquez-Castillo v. Garland

"Kelmi Velasquez-Castillo, a native and citizen of Honduras, filed a petition for review of a Board of Immigration Appeals(“BIA”) order denying a motion to reopen his removal proceedings. The Petitioner and Respondent agree that this Court should vacate and remand. We conclude that this case is not moot, that the BIA erred in denying the motion to reopen without resolving the issue of the statutory provisions relating to an unaccompanied minor, and that the BIA failed to consider whether there was new and previously unavailable evidence in support of asylum eligibility. Accordingly, we VACATE the BIA’s decision and REMAND."

[Hats way off to Chiqui Sanchez Kennedy, Executive Director and Co-founder of the Galveston-Houston Immigrant Representation Project!  Listen to the oral argument here.]