LexisNexis® Legal Newsroom
Unpub. BIA MTR Victory: Russia, Homosexuality

Aaron C. Hall writes: "Our client first applied for asylum in 1992 based on persecution by the KGB in the former Soviet Union on account of his political opinion. His application was denied by the IJ and on appeal by the BIA and the Tenth Circuit. He then filed a Motion to Reopen with the BIA...

MTR for Obama's Uncle Granted by BIA

"Last week, the Board of ­Immigration Appeals granted Onyango Obama’s request to ­reopen his immigration case based in part on his contention that his prior lawyer was ­ineffective, according to a government official with direct knowledge of the case." - Boston Globe, Dec...

Unpub. CA5 Remand Victory: Ramnarine v. Holder

"The BIA certainly did not abuse its discretion in determining cancellation of removal would “likely” be denied due to Ramnarine’s and Raymond’s history of immigration fraud. The BIA, however, applied an incorrect review standard. Along that line, it incorrectly interpreted...

CA2 on Motion to Reopen, New Evidence: Chen v. Holder (Unpub.)

"We remand to the BIA to reopen the proceedings to give full consideration to Chen's evidence and determine whether he has presented sufficient evidence to support an objectively reasonable fear of future persecution." - Chen v. Holder, Apr. 29, 2013 . [Hats off to Joshua Bardavid !]

CA9 on Motions to Reopen: Chandra v. Holder

"We join our sister circuits and hold that a petitioner’s untimely motion to reopen may qualify under the changed conditions exception in 8 C.F.R. § 1003(c)(3)(ii), even if the changed country conditions are made relevant by a change in the petitioner’s personal circumstances. ...

Supreme Court, 8-1, Reverses CA5: Reyes Mata v. Lynch

"An alien ordered to leave the country has a statutory right to file a motion to reopen his removal proceedings. See 8 U. S. C. §1229a(c)(7)(A). If immigration officials deny that motion, a federal court of appeals has jurisdiction to consider a petition to review their decision. See Kucana...

EOIR Proposed Rule: Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of Counsel

Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 - "The Department of Justice (Department) is proposing to amend the regulations of the Executive Office for Immigration Review (EOIR) by establishing procedures for the filing and adjudication of motions to reopen removal, deportation...