Bia did not Expressly Retain Jurisdiction it Remanded the Case to the IJ
BIA Remands Case to the Immigration Judge: A Second Chance in Immigration Law
The decision of the Board of Immigration Appeals (BIA) to remand a case to the Immigration Judge (IJ) is a pivotal moment in the often-protracted journey through the US immigration court system. A remand essentially signifies a second opportunity for the non-citizen, or respondent, to present their case. It allows them to correct previous deficiencies, or benefit from new evidence, or changes in the law.
When the BIA, the highest administrative body for interpreting and applying immigration laws, finds an error in the IJ’s initial decision—whether a factual misinterpretation, an incorrect application of statutory or precedent law, or a violation of due process—it will typically vacate the decision. Then, the BIA sends the record back down.
For the respondent and their counsel, a BIA remand necessitates diligent preparation. This involves reviewing the BIA’s specific instructions. It also includes gathering all necessary documentation—like new evidence supporting an asylum claim or proof of a qualifying relative for cancellation of removal—to present a compelling case. Upon the matter’s return to the Immigration Court’s docket, their case is revisited.
Case initially denied by Immigration Court
We filed an appeal to the BIA and won.
The case was remanded back to the Immigration Court.
