BIB Daily presents bimonthly PERM practice tips from Ron Wada , member of the Editorial Board for Bender’s Immigration Bulletin and author of the 10+ year series of BALCA review articles, “Shaping...
Montejo-Gonzalez v. Garland (2-1) "On their way to an initial hearing before an immigration judge (“IJ”) in Seattle, Washington, Claudia Elena Montejo-Gonzalez and her two minor children...
Acacia Center for Justice "Join us today, Thursday, October 17, 2024 at 3:00-4:30 pm ET for a webinar on how legal service providers can overcome burnout. We will explore strategies that policymakers...
USCIS, Oct. 15, 2024 "DHS recently issued a new class of admission (COA) of Military Parole in Place (MIL) to better reflect parole granted under a longstanding process for certain U.S. military...
Attorney Alan Lee has thoughts: SHIFTING DATES OF AGE BEING FROZEN AND REFROZEN UNDER THE CSPA AND THE CONSEQUENCES, PART 1 SHIFTING DATES OF AGE BEING FROZEN AND REFROZEN UNDER THE CSPA AND THE CONSEQUENCES...
"We are unable to meaningfully review the agency’s removability determination due to the BIA’s failure to consider material evidence—namely, Ahmed’s 1994 marriage certificate. ... The BIA makes no mention of Ahmed’s 1994 marriage certificate. Given that the removability determination was focused exclusively on whether Ahmed was married when he entered the United States in 1989, the BIA’s failure even to mention the 1994 marriage certificate compellingly suggests that the certificate was ignored. This failure to consider material evidence warrants remand because it has deprived us of the opportunity to provide meaningful judicial review. ...
Lastly, we conclude that the BIA erred by assessing the credibility of Ahmed’s testimony concerning his removability under the credibility provisions of the REAL ID Act... The REAL ID Act’s credibility standard, by its statutory terms, is limited to applications for relief. See 8 U.S.C. §§ 1158(b)(1)(B)(iii), 1229a(c)(4)(C)). The BIA explicitly cited to the REAL ID Act’s credibility provisions, however, in affirming the IJ’s removability determination, and it is unclear from our review of the IJ’s removability decision what credibility standard the IJ applied. The BIA on remand is therefore instructed to state with particularity the standard it applies when assessing the credibility of an individual who testifies on matters concerning his removability. [W]e GRANT the petition, VACATE the BIA’s order, AND REMAND to the BIA for further proceedings consistent with this opinion." - Ahmed v. Lynch, Oct. 19, 2015.
Hats off to Joshua Bardavid!