BIA Decision and Remands
Court grants petition, vacates BIA decision and remands. Finds that once the BIA assumed IJ’s error in disregarding the motion for a continuance, it should have remanded the case to allow the Immigration Judge to consider the additional evidence or addressed the petitioner’s alternative ground for eligibility as a matter of law. (Figueras v. Holder, 7/27/09). In a recent resolution, the court granted the petitioner’s request, vacated the result of the Board of Immigration Appeals (BIA), and remanded the case for further review.
Overall, this decision is a positive development for the petitioner and reaffirms the importance of ensuring that all individuals receive a fair and just review of their immigration cases.
