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BIA Can't Apply New Rule To Removal Case, 2nd Circ. Holds

Law360 (March 8, 2018, 9:13 PM EST) -- A Board of Immigration Appeals decision to apply a new immigration rule retroactively in finding that a Nigerian-born convict was removable should have hinged on whether the individual reasonably relied on previous rules, the Second Circuit held Thursday in remanding the case to the board for a second time.

The appellate court panel determined that Clement Obeya acted reasonably in pleading guilty to petit larceny, based on decades of BIA legal precedent that pleading guilty to such an offense could only eventually lead to his deportation...
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