At least two recent unpublished BIA decisions have remanded because of a pending motion for post-conviction relief. That would be a major departure from the Board’s standard practice of not remanding for prospective relief. We hope this is more than an errant Board member gone astray and signifies rather a renewed willingness on the part of the BIA to give immigrants duped into guilty pleas a second chance.
New Trend in Padilla Remands
by Matthew Hoppock | May 3, 2011 | Immigration, Immigration ArticlesBIA Appeals, Uncategorized | 0 comments