Matter of MONTIEL, 26 I&N Dec. 555 (BIA 2015) — emoval proceedings may be delayed, where warranted, pending the adjudication of a direct appeal of a criminal conviction. Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), followed.

Removal proceedings may be delayed, where warranted, pending the adjudication of a direct appeal of a criminal conviction. Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), followed.  The issue before the BIA was whether the removal proceedings should be administratively closed at the parties’ request because a direct appeal of the respondent’s criminal conviction, … Read more

An alien’s mental health as a factor in a criminal act falls within the province of the criminal courts and is not considered in assessing whether the alien was convicted of a “particularly serious crime” for immigration purposes

An alien’s mental health as a factor in a criminal act falls within the province of the criminal courts and is not considered in assessing whether the alien was convicted of a “particularly serious crime” for immigration purposes   Cite as 26 I&N Dec. 339 (BIA 2014) Interim Decision #3806  http://www.justice.gov/eoir/vll/intdec/vol26/3806.pdf Matter of G-G-S-, Respondent … Read more

Asylum Applicants need not establish prima facie eligibility for relief in order to have hearing on the merits

Matter of E-F-H-L-, 26 I&N Dec. 319 (BIA 2014)
In the ordinary course of removal proceedings, an applicant for asylum or for withholding or deferral of removal is entitled to a hearing on the merits of those applications, including an opportunity to provide oral testimony and other evidence,without first having to establish prima facie eligibility for the requested relief. Matter of Fefe, 20 I&N Dec. 116 (BIA 1989), followed.
Court held
We conclude that in the ordinary course of removal proceedings, an
applicant for asylum or for withholding or deferral of removal is entitled to
a hearing on the merits of the applications, including an opportunity to
provide oral testimony and other evidence, without first having to establish
prima facie eligibility for the requested relief. See sections 240(b)(4)(B),
(c)(4)(B) of the Act; Matter of Fefe, 20 I&N Dec. at 118; 8 C.F.R.
§ 1240.11(c)(3); cf. Matter of Ruiz, 20 I&N Dec. 91, 93 (BIA 1989)
(holding that in absentia proceedings should have been reopened once the
alien established reasonable cause for his failure to appear, because he
retained the right to present his asylum claim at a full evidentiary hearing,
regardless of whether prima facie eligibility for relief had been shown).
Accordingly, we will remand the record for the Immigration Judge to
conduct a hearing on the merits of the respondent’s applications for asylum
and withholding of removal.

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A parent’s continuous physical presence and continuous residence in the United States cannot be imputed to a child

Matter of DUARTE-LUNA and LUNA, 26 I&N Dec. 325 (BIA 2014)    Interim Decision #3804 A parent’s continuous physical presence and continuous residence in the United States cannot be imputed to a child for purposes of establishing the child’s eligibility for Temporary Protected Status. In a decision dated August 25, 2009, an Immigration Judge granted the … Read more