Monday, May 2, 2011
Unpub BIA Padilla remands; pending motions
In at least two unpublished BIA cases, both issued on Jan. 21, 2011, both signed by Board Member Carol King, the Board has remanded due to pending Padilla motions. Both decisions use the same language: "We find that a remand is warranted so that the Immigration Judge may consider the new evidence pertaining to the respondent's request for post-conviction relief. On remand, the Immigration Judge should receive further evidence to ascertain whether this request was actually filed with the criminal court, which is not apparent on the current record. If the petition for post-conviction relief has been filed with the criminal court, the Immigration Judge should verify its status and should evaluate its impact on the respondent's removability and eligibility for relief. Both the respondent and the Department of Homeland Security may present any and all available relevant evidence to the Immigration Court." The cases are here and here.
Posted by Dan Kowalski at 11:53 AM