8th Circ. Tells BIA To Decide If Removal Case Can Be Paused
By Kelly Knaub (October 14, 2016, 8:19 PM EDT) -- The Eighth Circuit on Friday affirmed a Board of Immigration Appeals ruling upholding an immigration judge's decision denying a Mexican national's request to administratively close his immigration proceedings, but remanded the case to the BIA to rule on whether it can exercise its own authority to grant administrative closure.
After first determining that the Eighth Circuit has jurisdiction to review denials of motions for administrative closure, the three-judge panel said it found no abuse of discretion with the immigration judge's reasoning, which was adopted by the BIA.
The panel found that the immigration judge properly relied on the factors laid out...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!