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BIA Unpub. on Jurisdiction

"The Ninth Circuit recently held that nothing in section 241 (a)(5) of the Immigration and Nationality Act, 8 U.S.C. § 1231(8)(5), or its implementing regulations deprives the agency of discretion to afford an alien a new plenary removal bearing. Villa-Anguiano v. Holder, 727 F.3d 873, 878...

Unpub. BIA Termination (Interlocutory Appeal!) Victory - Matter of Hernandez

"We will entertain this appeal and vacate the Immigration Judge's order insofar as that order denied the parties' joint motion to terminate the proceedings. The Immigration Judge correctly stated that he is required to adjudicate a motion to terminate on the record and pursuant to the regulations...

BIA on IJ Authority to Terminate: Matter of Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017)

Matter of Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017) - An Immigration Judge does not have authority to terminate removal proceedings to give an arriving alien an opportunity to present an asylum claim to the Department of Homeland Security in the first instance.