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Citations for ILW.COM's Seminar
Removal For Experts
Session I held on October 9, 2014

For more info, or to signup online, click here.
For more info, or to signup by fax, click here.

Provided by John Gihon

"Morton Memo-PD" Review the file at here

"Morton Memo-Enforcement Priorities" Review the file at here

"Vincent Memo-11/17/11" Review the file at here

"Vincent Memo-U Visas" Review the file at here

"Vincent Memo-Pendings Apps/Pets" Review the file at here

Provided by Davorin Odrcic

Published BIA citations:

Matter of Hashmi, 24 I & N Dec. 785 (BIA 2009) (setting forth the guidelines for adjudicating continuances based on pending I-130s)

Ocampo v. Holder, 629 F.3d 923 (9th Cir. 2010) (holding that the 90 day period for seeking motion to reopen commences on the date voluntary departure is ordered, not the final day of when voluntary departure expires)

Unpublished BIA citations:

MOTION TO REMAND/REOPEN AFTER DACA APPROVAL:

Matter of Ernesto Gonzalez-Valencia,2013 WL 2608451 (BIA May 14, 2013)(denying motion to reopen after DACA approval because "closure would serve no purpose" and respondent ineligible for any other relief) (BIA member David B. Holmes)

Matter of Ortiz-Jurado, 2013 WL 6529195, (BIA Nov. 21, 2013) (granting motion to remand and administrative closure based on DACA grant with no opposition from DHS) (BIA member Sharon Hoffman)

Matter of Israel Lopez-Chavez, 2014 WL 347637, (Jan. 16, 2014) (denying motion to reopen, rescission of removal order, and administrative closure, and administrative closure, despite Matter of Avetisyan) (BIA member David Holmes)

Matter of Abidail Pimenel Giron,2014 WL 1120195, (Feb. 5, 2014) (granting sua sponte motion to reopen and vacating removal order after DACA grant) (BIA member David Holmes)

LOZADA & DACA:

Matter of Rojas-Vences, 2013 WL 6529185, (Nov. 25, 2013) (Lozada motion argued IAC due to counsel's failure to inform IJ of DACA eligibility. BIA denied motion on the theory that IJ never had jurisdiction to decide DACA, and administrative closure is not a "potential outcome" for IAC purposes) (BIA Member Charles K. Adkins-Blanch)

DUE PROCESS:

Matter of Hernandez-Garcia, 2014 WL 3697638, (May 15 2014) (no due process violation for IJ's failure to ask pro se respondent of DACA eligibility because IJ does not have jurisdiction to decide DACA applications)

DENIAL OF CONTINUANCE:

Most unpublished BIA cases involving DACA concerned the denial of continuances based on pending DACA application. A typical case is Matter of Felipe Gonzalez-Valdez, 2014 WL 3697751 (May 27, 2014). The BIA upheld the denial of the continuance because neither the IJ nor the BIA has jurisdiction to decide a DACA application, and DACA can be granted even with a removal order, so the denial of the continuance did not cause any actual prejudice. Citing Matter of Quintero, 18 I&N Dec. 348 (BIA 1982); Matter of Sibrun, 18 I&N Dec. 354 (BIA 1983).


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