At least two recent unpublished BIA decisions have remanded because of a pending motion for post-conviction relief.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.
I am a Kansas City immigration attorney. I represent immigrants in court, on appeal, and before the USCIS in visa applications, asylum, and naturalization.