In a new published decision on November 1, 2016 the BIA attempted to clarify the possible scope of the waiver found at INA 237(a)(1)(H) but in doing so ignored the plain language of the statute. Matter of Tima, 26 I&N Dec. 839 (BIA 2016). The Board's...
This morning we won an Eighth Circuit appeal on the question of whether federal courts can review the process of "administrative closure." Our client had sought "administrative closure" because he fit the profile President Obama had described as a hard-working...
The BIA doesn't issue that many published decisions, but this week it issued four. They're all important and worth a read. 1. Matter of Ibarra, 26 I&N Dec. 809 (BIA 2016) ID 3872 (PDF) In this decision, written by Board member Roger Pauley (who seems to be...
Two reports over the weekend have made it clear that if anything is changing within the Obama administration, it is getting worse for immigrants. First, just in time for Christmas, the Obama administration is planning ICE raids, targeting Central American families who...
Last week the BIA issued a new decision outlining the interaction between the immigration statute's requirement that an applicant file within one year of their entry and the issue of applicant credibility. Asylum applications must be filed within one year of a...
In the last few weeks, the Eighth Circuit has issued three new opinions that are helpful to immigrants in removal proceedings. The Eighth Circuit is known as perhaps the most difficult court in which to litigate immigration cases. In 2014 the court granted just one...
Yesterday, the BIA issued a new precedent decision in Matter of D-M-C-P-, addressing two unrelated questions: (1) when an IJ can deem an asylum application "abandoned" for failure to get biometrics timely processed; and (2) whether the BIA or IJ have jurisdiction to...
The BIA issued a decision today that broadly expands the eligibility for cancellation of removal when ICE issues more than one charging document. The case, Matter of Ordaz, raises the question of when someone has been present for "ten years" to make them eligible for...
It is amazing that something as simple as the BIA's zip code could cause so much hassle and confusion. Last winter when the BIA changed its zip code, it caused many to fret about whether their packages would be delivered on time. This was because the new zip code...
In the last month, the BIA has published several new decisions that continue to tweak the definition of "admission" and, in the meantime, have seemingly changed the rules related to eligibility for relief for individuals accused of obtaining the residency by fraud....