BIA Needn't Penalize Immigrant For Its Own Delay: 10th Circ.

Law360 (January 21, 2020, 10:18 PM EST) -- An immigration court can’t reject the petition of a man who sought to stay in the country to care for his then-underage daughter just because the daughter became an adult while the court delayed his hearing for years, the Tenth Circuit has ruled.

The immigration court said it lacked jurisdiction to grant the petition from the Mexican national because his daughter was now an adult, but that wasn’t true, a split Tenth Circuit said Friday in a precedential opinion.

“It was within the BIA’s jurisdiction to interpret [the law] in a way that would not penalize petitioner for the immigration court’s...

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