Avila-Ramirez v. Holder

Alien was entitled to reconsideration of his application for discretionary relief from removal under section 212(c), where IJ and Bd. based their denials on fact that alien had incurred several arrests subsequent to alien’s 1990 conviction for committing lewd and lascivious act with child under age of fourteen. IJ found that alien was credible in his contention that no convictions arose out of said arrests that otherwise lacked substantive basis. Moreover, Bd. either failed to follow or misread its own precedents that precluded Bd. from relying on uncorroborated arrest reports as basis for denying section 212(c) requests for relief, where, as here, alien had denied any wrongdoing at issue in said arrest reports.