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Asylum and Refugees
Whether to review motions to reopen is not a matter of “discretion” for immigration judges
Matter of C-A-R-R-, 29 I&N Dec. (BIA 2025) 8 C.F.R. Section 1208.3(c)(3) Immigration Judges not required to consider merits of incomplete Form I-589 Application for Asylum and Withholding of Removal lacking declaration if pro per Respondent had prior opportunities to cure. The absence of a declaration, however, cannot be the sole basis of deeming the…
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Master Hearings
Whether to review motions to reopen is not a matter of “discretion” for immigration judges
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Removal Defense
Whether to review motions to reopen is not a matter of “discretion” for immigration judges
Cancellation of Removal Simantov v. Bondi, Case No. 24-60487 (5th Cir. 2025) INA Section 240A(b)(1) Fifth Circuit Court of Appeals upholds denial of cancellation of removal to Uzbekistani native and citizen of Israel where Respondent provided insufficient corroborating evidence of U.S. Citizen daughter’s alleged illness. INA Section 240A(b)(2) Although Respondent’s ex-wife bullied him and obtained…
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Individual Hearings
Whether to review motions to reopen is not a matter of “discretion” for immigration judges