Unpub. BIA Sua Sponte Reopening Victory (Habeas, Pickering) in Detroit

Unpub. BIA Sua Sponte Reopening Victory (Habeas, Pickering) in Detroit

Tsui H. Yee of Guerrero Yee LLP writes: "I'm happy to share a favorable decision I just received from the BIA, granting my motion to reopen removal proceedings on behalf of a client who was deported based on an aggravated felony conviction which was was later held by a district court judge to be in violation of the collateral estoppel component of the Double Jeopardy clause.  In this case, my client was removed by the IJ while his petition for habeas corpus was still pending, and the Board had dismissed his appeal.  After his removal, a district court granted the habeas corpus petition and found the conviction to be legally deficient.  The Board granted the motion even though it was filed more than 90 days after the entry of a final administrative order (because the habeas petition was pending for several years), exercising its sua sponte authority.  Also, it did not apply the post-departure bar in this case." - Matter of X-, Aug. 27, 2013.