VELAZQUEZ V. GARLAND DECISION BELOW: 88 F.4th 1301 (CA10) CERT. GRANTED 7/2/2024 QUESTION PRESENTED: Federal immigration law allows the government to grant a "voluntary departure" period...
Gutierrez v. Garland "Sergio Manrique Gutierrez petitions for review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal of an order of removal by an Immigration...
BIA, June 28, 2024 "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue(s): ISSUE(S) PRESENTED: What is the scope of...
This document is scheduled to be published in the Federal Register on 07/03/2024 "MEMORANDUM FOR THE SECRETARY OF STATE [and] THE SECRETARY OF HOMELAND SECURITY SUBJECT: Extending Eligibility...
DOL, July 2, 2024 "The Employment and Training Administration published an FRN on June 24, 2024 updating the AEWRs under the H-2A temporary agricultural employment program that apply to a limited...
Flores-Rodriguez v. Garland
"The IJ’s failure to put Flores-Rodriguez on notice of this central issue in his case denied him “a full and fair hearing” by preventing him from submitting significant testimony and other evidence. Colmenar, 210 F.3d at 971. Because the IJ’s conduct potentially affected the outcome of the proceedings, Flores-Rodriguez has also suffered prejudice. Id. For these reasons, a due process violation warranting reversal has occurred. We express no opinion whether, if Flores-Rodriguez had received notice and defended against the claim that he had made false claims of citizenship, he would have likely prevailed or to the contrary been held inadmissible. But what is of signal importance in our system of justice is that when a person is charged with a crime or charged with allegations warranting removal from the country, that person is fairly entitled to notice of the claims against him and an opportunity to be heard in opposition. Because that opportunity was not given here, we grant the petition and remand to the BIA with instructions that it hold whatever future proceedings are necessary to ensure due process is given to Flores-Rodriguez before decision is made. PETITION FOR REVIEW GRANTED."
[Hats off to Karen S. Monrreal!]