EOIR, Nov. 6, 2024 "The Executive Office for Immigration Review (EOIR) today announced the appointment of 24 immigration judges—18 immigration judges who joined courts in California, Georgia...
Morgan v. Garland "We conclude that the agency's serious-nonpolitical-crime finding is supported by substantial evidence, and accordingly sustain its determination that Morgan is ineligible...
Reid v. Garland "Everod Ray Anthony Reid petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming a decision of an Immigration Judge (“IJ”...
From the Nov. 4, 2024 Order List : 1) Cert. granted in Riley v. Garland : "The petition for a writ of certiorari is granted limited to the questions presented by the respondent’s brief."...
November 2024 PERM Tip #1: Reminder: The DOL Address that must be given in the Notice of Filing (NOF) changed in 2021 BIB Daily presents bimonthly PERM practice tips from Ron Wada , member of the Editorial...
Alcaraz-Enriquez v. Garland
"Despite its obligation under Saidane, the DHS made no effort—good faith or otherwise—to procure for Alcaraz’s cross-examination the witnesses whose testimony was embodied in the probation report and upon whose testimony the BIA ultimately relied in denying his appeal. See id. This failure impugned the probation report’s reliability and rendered the BIA’s procedure fundamentally unfair. ... Based on the BIA’s failure to require the DHS to make a good faith effort to present the author of the probation report or the declarant for Alcaraz’s cross-examination and the prejudice generated therefrom, we grant in part Alcaraz’s petition and remand for a hearing that comports with the requirements of § 1229a(b)(4)(B). ... On remand, cross-examination of the author of the probation report (or the declarant) could affect both the IJ’s credibility determination as to Alcaraz and the BIA’s decision to credit the probation report’s version of events over Alcaraz’s."
[Hats off again to Bob Jobe!]