The Court Grants Petition, Vacates BIA Decision and Remands

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.

BIA Decision and Remands

Contact Us