Scope of BIA Remand to an Immigration Judge
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 IJ 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).