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Unpub. BIA Reopening Victory; In Absentia; Exceptional Circumstances

Hats off to Shahid Haque-Hausrath ! Read the decision ; read about the case . Shahid Haque-Hausrath Border Crossing Law Firm, P.C. 312 N. Ewing Street, 2nd Floor Helena, Montana 59601 (406) 594-2004 (888) 594-2179 (Fax) Shahid@bordercrossinglaw.com www.bordercrossinglaw...

Unpub. BIA Equitable Tolling Victory: Matter of Kim

Jon Eric Garde writes: "I want to share a BIA grant on a special motion to reopen for 212(c) over 13 years after the BIA order and over six years after the filing deadline post St. Cyr, as promulgated by governing regulations. Equitable tolling due to mental incapacity (caused by a horrible gambling...

Unpub. BIA Reopening Victory in Texas

Raed Gonzalez writes: "Grant from BIA on a motion to reopen under Lari v. Holder and Garcia Carias v. Holder where we challenged that the regulations barring noncitizens from pursuing their cases after departure or deportation are unlawful and ultra vires. The alien in this case had been deported...

BIA on Reopening: Matter of J-G-, Int. Dec. No. 3788

(1) An alien who is subject to an in absentia removal order need not first rescind the order before seeking reopening of the proceedings to apply for asylum and withholding of removal based on changed country conditions arising in the country of the alien’s nationality or the country to which removal...

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...

CA9 on Adjustment, Reopening: Singh v. Holder

"For the second time in six years, we hold that the Board of Immigration Appeals has authority to reopen proceedings of an alien who is under a final order of removal in order to afford the alien an opportunity to pursue an adjustment of status application before United States Citizenship and Immigration...

Unpub. BIA Exceptional Circumstances Sua Sponte Reopening Victory

Raed Gonzalez writes: "This client was ordered removed in absentia in 2001. In 2014, a lawyer filed a motion to reopen asserting lack of notice. The lawyer filed a patently deficient one-paragraph motion to reopen. When this motion was denied, we filed an appeal of the denial of the motion to reopen...

Unpub. BIA MTR Victory Based on Carachuri-Rosendo

Prof. Geoffrey A. Hoffman writes: "This case [ Matter of X-, June 12, 2017, unpub .] is significant because the respondent had been deported about 9 years ago unfairly as an alleged aggravated felon due to minor controlled substance convictions. Two years after his removal, in 2010, the Supreme...