Citations for ILW.COM's Seminar
Removal For Experts
Session 2 held on April 19
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From Tanya Myers
CITATIONS FOR MOTIONS BEFORE THE BOARD SEGMENT
- Matter of Bulnes, 25 I&N Dec. 57 (BIA 2009)(MTR in absentia even after departure in certain circumstances)
- Matter of G-D-, 22 I&N Dec. 1132 (BIA 1999) (MTR based on new law -- must show fundamental change in the law that would manifestly change outcome of the earlier decision)
- Matter of C-W-L-, 24 I&N Dec. 346 (BIA 2007) (No MTR deadline for asylum based on changed country conditions/ changed personal circumstances MTR subject to 90 day limit)
- Malty v Ashcroft, 381 F.3d 942 (9th Cir. 2004) (similarities to prior-asserted asylum claim does not undermine claim to changed country conditions)
- Matter of N-B-, 22 I&N Dec. 590 (BIA. 1999) (no limits on MTR in exclusion)
- Matter of J-J-, 21 I&N Dec. 976 (BIA. 1997 (sua sponte MTR)
- Dada v Mukasey, 554 US 1 (2008)(withdrawal of voluntary departure -- potentially useful to argue withdrawal of voluntary departure to the time of an earlier, failed motion filed prior to Dada)
- Matter of Velasco, 25 I&N Dec. 143 (BIA 2009)(clarifying consequences of failure to post voluntary departure bond with regard to Matter of Diaz-Ruacho, 24 I&N Dec. 47 (BIA 2006))
- Matter of Zmijewska, 24 I&N Dec. 87 (2007) (voluntary departure overstay bar - exceptions)
- Mater of Avetisyan, 25 I&N Dec. 688 (BIA 2012) (requirements for administrative closure on Respondent's motion)
- Matter of Assaad, 23 I&N Dec. 553 (BIA 2003)(relating to tolling of the Notice of Appeal deadline)
- Matter of Lopez, 22 I&N Dec. 16 (BIA 1998)(examining whether ineffective counsel or other reasons warranted acceptance of a late Notice of Appeal)
- Escobar-Ramos v. INS, 927 F.2d 482 (9th Cir.1991)(Dismissal of an appeal may be in order in cases ... in which conspicuous disregard is shown for case-processing rules, but not where the sanction would unfairly penalize individuals [for conduct not within their control]). Useful citation.
- Matter of Castro-Padron, 21 I&N 379 (BIA 1996)(and citations therein)(no need to reopen for adjustment in exclusion cases)
- Matter of Garcia, 16 I&N Dec. 653 (BIA 1978)(citing INS policy of "refraining from either deporting or instituting proceedings against the beneficiary of prima facie approvable visa petition if approval of the visa petition would make the beneficiary immediately eligible for adjustment of status). This case may provide a useful argument against reinstatement.
Correction: Albillo-De Leon v. Gonzales, 410 F.3d 1090, 1098 (9th Cir.2005) useful tolling case decision (tolling begins from date of attorney file review) (case was not Munoz as stated in Q&A segment).