Not a Lexis+ subscriber? Try it out for free.

Immigration Law

CA9 Vacates Matter of K-S-E-: Sylvestre v. Garland

Sylvestre v. Garland, Case: 20-71316, 06/09/2021, ID: 12139702, DktEntry: 54, Page 1 of 1 (text of Order copied from PACER; official CA9 PDF not yet live)

"Before: SILVERMAN, NGUYEN, and R. NELSON, Circuit Judges. The government’s unopposed motion to remand this case to the Board of Immigration Appeals (“BIA”) (Docket Entry No. 49) is granted. The decision of the BIA currently under review (Matter of K-S-E-, 27 I. & N. Dec. 818 (BIA 2020)) is vacated. This matter is remanded to the BIA for further consideration of the determinations that petitioner had firmly resettled in Brazil, and that petitioner failed to establish that the Haitian government was unable or unwilling to control the individuals he fears. All other pending motions are denied as moot. Petitioner’s removal is stayed pending a decision in this matter by the BIA. This order served on the agency acts as and for the mandate of this court. VACATED and REMANDED."

[Hats off to Zachary Albun and Sabrineh Ardalan, Harvard Law, RETIRED IMMIGRATION JUDGES AND FORMER MEMBERS OF THE BOARD OF IMMIGRATION APPEALS,      Amicus Curiae, AMERICAN IMMIGRATION LAWYERS ASSOCIATION, Amicus Curiae - Pending, and CENTER FOR GENDER & REFUGEE STUDIES, HAITIAN BRIDGE ALLIANCE, INSTITUTE FOR JUSTICE & DEMOCRACY IN HAITI, and NATIONAL IMMIGRANT JUSTICE CENTER. IMMIGRANT JUSTICE CENTER, Amicus Curiae!]