The Board of Immigration Appeals’ new decision in Matter of P-A-C- should alarm anyone who still believes asylum exists as a meaningful form of protection in the United States. The Board held that a grant of withholding of removal is an “important consideration” in...
A new decision from the Board of Immigration Appeals makes clear: for many immigrants apprehended near the U.S. border, release on bond is no longer an option. On May 15, 2025, the BIA issued a precedential decision in Matter of Q. Li, 28 I&N Dec. 728 (BIA 2025),...
For the last four years, we've been using the Freedom of Information Act to request records describing the policies and procedures that govern the processing of appeals and motions to reopen at the Board of Immigration Appeals and the Immigration...
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...
It is strange that the Board does not get more scrutiny for its reliance on Temporary Board Members. Temporary Board Members are allowed by 8 CFR 1003.1(a)(4), but the regulation requires that such members be "immigration judges, retired Board members, retired...
If anyone doesn't already think the "Particularly Serious Crime" doctrine is a muddled, unconstitutionally vague, morass, there's more proof in the decision issued by the BIA today. As we wrote in December the statute does not define which crimes are "particularly...
If the DHS believes someone should be deported, they usually issue a "Notice to Appear," which is filed with the Immigration Court. The Immigration Court then schedules a hearing (sometimes 6 months or more later) where an Immigration Judge can decide whether...
Today the Office of Inspector General released a troubling report on the efficiency of the Immigration Courts and the BIA. While I disagree with the focus of the report, which ultimately seems to be that "continuances" are bad, there is some revealing...