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Unpub. CA8 Remand: Franco-Moreno v. Garland

March 16, 2021 (1 min read)

Franco-Moreno v. Garland

"Salvadoran citizens Elida De Los Angeles Franco-Moreno and her minor child, Robin Wilfredo Rivera-Franco, petition for review of an order of the Board of Immigration Appeals (BIA), which upheld an immigration judge’s (IJ’s) decision denying their motion to reopen removal proceedings and rescind an order of removal entered in absentia. Having jurisdiction under 8 U.S.C. § 1252, this court grants the petition and remands the case to the BIA for further proceedings consistent with this opinion. ... This court concludes that the BIA abused its discretion by applying a heightened evidentiary standard and disregarding record evidence in concluding Petitioners failed to overcome the presumption of delivery of the NOH."

[Hats off to Suzan Pritchett, Allison McCarthy and Mariah Kauder!]